United States v. Valle

* 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this opinion should not be published and is not precedent except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 v. Booker, 543 U.S. 220 (2005).
United States Court of Appeals
Fifth Circuit
F I L E D
June 6, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40096
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ABERCIO SALOMON ESCALANTE VALLE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:06-CR-11-1
--------------------
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Abercio Salomon
Escalante Valle preserves for further review his contention that
his sentence is unreasonable because this court’s post-Booker**
rulings have effectively reinstated the mandatory Sentencing
Guideline regime condemned in Booker. Valle concedes that his
argument is foreclosed by United States v. Mares, 402 F.3d 511
(5th Cir.), cert. denied, 126 S. Ct. 43 (2005), and its progeny,
which have outlined this court’s methodology for reviewing

-- 1 of 2 --

No. 07-40096
-2-
sentences for reasonableness. The Government’s motion for
summary affirmance is GRANTED, and the judgment of the district
court is AFFIRMED.

-- 2 of 2 --