United States v. Campos-Perez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 1, 2009 No. 08-50729 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JAIME CAMPOS-PEREZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CR-222-ALL Before WIENER, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* Jaime Campos-Perez (Campos) pleaded guilty to one count of illegal reentry and was sentenced to 40 months of imprisonment. See 8 U.S.C. § 1326. He appeals his sentence on the basis that the district court incorrectly assessed two criminal history points for the sentence of “time served” imposed upon his prior conviction for violating a no contact order. Campos has failed to make a showing of clear error in the district court’s factual finding that his time served * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-50729 sentence was 61 days. See United States v. Caldwell, 448 F.3d 287, 290 (5th Cir. 2006). His sentence is therefore AFFIRMED. 2