IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 13, 2008
No. 07-40290
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE DAVID PEREZ-CEPEDA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-1057-ALL
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jose David Perez-Cepeda appeals the 78-month sentence that was imposed
following his conviction for possession of more than five kilograms of cocaine
with intent to distribute. Perez-Cepeda argues that the district court erred by
denying his request for an additional one-level reduction to his offense level for
acceptance of responsibility. The Government did not move for such a reduction.
*
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should not be published and is not precedent except under the limited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. 07-40290
Consequently, the district court did not err by denying this request. See
U.S.S.G. § 3E1.1, comment. (n.6).
Perez-Cepeda also argues that his sentence, which was within the
pertinent guidelines range, was unreasonable. Our review of the record shows
no error in connection with Perez-Cepeda’s sentence. The district court
committed no procedural error at sentencing, and the sentence imposed is
substantively reasonable. See Gall v. United States, 128 S. Ct. 586, 594 (2007).
The judgment of the district court is AFFIRMED.
2