United States v. Rivera

* 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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 15, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20225
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADALBERTO RIVERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
No. 4:02-CR-629-ALL
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Adalberto Rivera was convicted of conspiracy to possess with
intent to distribute more than fifty grams of crack cocaine; he was
sentenced to 135 months of imprisonment and a ten-year term of
supervised release. He appeals the two-year term of imprisonment
imposed following the revocation of his supervised release.

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No. 05-20225
-2-
Although that two-year term exceeded the sentencing range in-
dicated by the policy statements in chapter 7 of the United States
Sentencing Guidelines, it did not exceed the statutory maximum term
of imprisonment the district court could have imposed. See
18 U.S.C. § 3583(e)(3). Accordingly, Rivera’s revocation sentence
was neither “unreasonable” nor “plainly unreasonable.” See United
States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005), cert. denied,
126 S. Ct. 1804 (2006). Rivera has not shown error.
AFFIRMED.

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