United States v. Lechuga

* 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this opinion should not be published and is not precedent except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
May 31, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-20124
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN DAVILA LECHUGA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CR-302-1
--------------------
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Martin Davila Lechuga appeals his sentence following his
guilty-plea conviction for conspiracy to possess with intent to
distribute 5 kilograms or more of cocaine.
Lechuga raises a single issue on appeal. He argues that a
sentence within a properly calculated guidelines range, such as
his sentence, is not entitled to a presumption of reasonableness.
He concedes that this court held to the contrary in United States
v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). However, because
at least one other circuit has declined to adopt a presumption of

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No. 06-20124
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reasonableness, Lechuga asserts that a circuit split exists and
that he is raising this issue to preserve it for further review
by the Supreme Court.
This court must follow its own precedent unless it is
overruled by this court en banc or by a decision of the Supreme
Court. United States v. Mathena, 23 F.3d 87, 91 (5th Cir. 1994).
Therefore, Lechuga’s argument on appeal is foreclosed by this
court’s decision in Alonzo. See also United States v. Mares, 402
F.3d 511, 519 (5th Cir.) (stating that a sentence within a
properly calculated guidelines range is entitled to great
deference), cert. denied 126 S. Ct. 43 (2005).
AFFIRMED.

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