United States v. Torres-Rodriguez

* 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this opinion should not be published and is not precedent except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 Court of Appeals
Fifth Circuit
F I L E D
January 5, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50401
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANUEL TORRES-RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:04-CR-194-ALL
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Manuel Torres-Rodriguez (Torres) appeals the sentence he
received when his term of supervised release, which was imposed
when he pleaded guilty to possession of marijuana with intent to
distribute, was revoked. Torres argues that the district court
failed to articulate whether it considered the policy statement’s
advisory range of imprisonment before it sentenced him to the 24-
month statutory maximum sentence.

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No. 05-50401
-2-
Torres concedes that our review is for plain error because
he did not raise this claim in the district court. See United
States v. Montez, 952 F.2d 854, 860 (5th Cir. 1992). The
district court was advised of the advisory range through the
probation officer’s Violation Conduct Computation form. Even if
the district court failed to consider this information, which the
record does not suggest, Torres has nevertheless failed to show
that the purported error affected his substantial rights inasmuch
as the district court retained discretion and detailed his
rationale for imposing the 24-month sentence. See 18 U.S.C. §
3583(e)(3); Ayers, 946 F.2d at 1130.
AFFIRMED.

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