United States v. Tolczyk

* 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should not be published and is not precedent except under the limited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.
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United States Court of Appeals
Fifth Circuit
F I L E D
September 14, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51488
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
verses
MARIUSZ TOLCZYK
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-1908-ALL
Before HIGGINBOTHAM, STEWART and OWEN, Circuit Judges.
PER CURIAM:*
Mariusz Tolczyk appeals from the sentence imposed following revocation
of his term of supervised release, arguing that his sentence was unreasonable.
The district court properly considered the 18 U.S.C. § 3553(a) factors when
imposing Tolczyk’s sentence. See United States v. Gonzalez, 250 F.3d 923, 930

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(5th Cir. 2001). Tolczyk’s sentence, which was within the advisory guideline
range and the statutory maximum, was neither unreasonable nor plainly
unreasonable. See United States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005).
Accordingly, the judgment of the district court is AFFIRMED.

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