Summary Calendar UNITED STATES OF AMERICA v. Carlos Adan Umana

* 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should not be published and is not precedent except under the limited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. 07-10013
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CARLOS ADAN UMANA
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:06-CR-90-ALL
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Carlos Adan Umana (Umana) appeals the sentence imposed following his
conviction for securities fraud. Umana argues that the Government breached
its promise in the plea agreement to recommend a sentence at the low end of the
applicable guidelines range. Because Umana did not raise this issue in the
district court, review is limited to plain error. See United States v. Munoz,
408 F.3d 222, 226 (5th Cir. 2005).
United States Court of Appeals
Fifth Circuit
F I L E D
October 4, 2007
Charles R. Fulbruge III
Clerk

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No. 07-10013
2
The Government's sentencing recommendation was included in his
presentence report, and the Government’s statements at sentencing were not
contrary to the recommendation. See United States v. Reeves, 255 F.3d 208, 211
(5th Cir. 2001). We also reject Umana’s assertion that the Government’s
statements triggered a “duty” to reiterate the recommendation at sentencing
pursuant to our prior decisions in United States v. Saling, 205 F.3d 764, 767 n.11
(5th Cir. 2000), and Reeves, 255 F.3d at 211. As Umana has not shown that the
Government breached the plea agreement, he has not shown plain error.
AFFIRMED.

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