United States v. Garay

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 12, 2007 No. 06-41478 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JESSICA GARAY Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:06-CR-158-ALL Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* Jessica Garay appeals the sentence imposed following her guilty plea to transportation of undocumented aliens. She argues that her sentence is unreasonable as a matter of law because our post-Booker1 rulings have effectively reinstated the mandatory sentencing guidelines regime. Garay correctly concedes that this claim is foreclosed by our precedent and raises it * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 United States v. Booker, 543 U.S. 220 (2005). No. 06-41478 only to preserve its further review by the Supreme Court. See Rita v. United States, 127 S. Ct. 2456, 2462-66 (2007); United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). AFFIRMED. 2