IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 25, 2007
No. 06-31118
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
BERNIE CHRISTOPHER RAMIREZ
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:05-CR-20136-2
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Bernie Christopher Ramirez appeals his 100-month sentence following
a guilty plea to distribution of cocaine base. Ramirez argues that his
sentence, which is within the applicable sentencing guideline range, is
inherently unreasonable under Booker v. United States, 543 U.S. 220 (2005),
due to the disparate sentences imposed under the United States Sentencing
Guidelines for offenses involving cocaine base and powder cocaine. Ramirez
concedes that his argument is foreclosed by this court’s precedent. See
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-31118
United States v. Leatch, 482 F.3d 790, 791-92 (5th Cir. 2007), petition for cert.
filed (June 21, 2007) (No. 06-12046); United States v. Alonzo, 435 F.3d 551,
554-55 (5th Cir. 2006). Although Ramirez does not otherwise challenge the
advisory Guidelines applicable to his sentence, he argues that his sentence is
not entitled to a presumption of reasonableness. This issue is also foreclosed
as the Supreme Court has affirmed that a sentence within a properly
calculated Guideline range is presumptively reasonable. United States v.
Rita, 127 S. Ct. 2456, 2462-68 (2007).
AFFIRMED.
2