Summary Calendar UNITED STATES OF AMERICA v. Maria Magdalena Patino

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-11288
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MARIA MAGDALENA PATINO
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CR-119
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Maria Magdalena Patino pleaded guilty to one count of making a false
statement to a government agent (in conjunction with attempting, for payment,
to smuggle minors into this Country), in violation of 18 U.S.C. § 1001. The
district court departed upwardly from the 6 to 12 month advisory guildeline
sentencing range to 24 months of imprisonment, stating reasons for doing so
consistent with 18 U.S.C. § 3553(a). Patino appeals her sentence, claiming the
extent of the departure was unreasonable.
United States Court of Appeals
Fifth Circuit
F I L E D
November 5, 2007
Charles R. Fulbruge III
Clerk

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No. 06-11288
2
Given the great deference owed to the district court in this matter, the
reasons it provided, the circumstances of the offense, Patino’s previous
unpunished criminal activity, and the extent of upward departures given in
other cases, the district court did not abuse its discretion in the extent of the
departure, and the sentence is reasonable. See United States v. Smith, 440 F.3d
704, 708 n.5 (5th Cir. 2006); United States v. Saldana, 427 F.3d 298, 302-04, 312,
315-16 (5th Cir. 2005).
AFFIRMED.

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