Conference Calendar UNITED STATES OF AMERICA v. Jessica Garay

* 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should not be published and is not precedent except under the limited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.
1 United States v. Booker, 543 U.S. 220 (2005).
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-41478
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JESSICA GARAY
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-158-ALL
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
Jessica Garay appeals the sentence imposed following her guilty plea to
transportation of undocumented aliens. She argues that her sentence is
unreasonable as a matter of law because our post-Booker1 rulings have
effectively reinstated the mandatory sentencing guidelines regime. Garay
correctly concedes that this claim is foreclosed by our precedent and raises it
United States Court of Appeals
Fifth Circuit
F I L E D
December 12, 2007
Charles R. Fulbruge III
Clerk

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No. 06-41478
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only to preserve its further review by the Supreme Court. See Rita v. United
States, 127 S. Ct. 2456, 2462-66 (2007); United States v. Alonzo, 435 F.3d 551,
554 (5th Cir. 2006).
AFFIRMED.

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