United States v. Robaina

* 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that this opinion should not be published and is not precedent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
December 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50441
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE ROBAINA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-1558-9-EP
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Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Jorge Robaina appeals his guilty-plea conviction for
conspiracy to possess with intent to distribute 1000 or more
kilograms of marijuana in violation of 21 U.S.C. §§ 841 and 846.
Robaina argues that his guilty plea was unknowing and involuntary
because the plea agreement promised that he would receive a
sentence under the United States Sentencing Guidelines but the
district court sentenced him to the statutory mandatory minimum
sentence of ten years. Under U.S.S.G. § 5G1.1(b), if the

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No. 03-50441
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statutorily mandated sentence is greater than the maximum of the
applicable guideline range, the statutorily required minimum
sentence shall be the guideline sentence. See United States v.
Fitch, 137 F.3d 277, 278 (5th Cir. 1998). Robaina’s plea
agreement was not broken because he was sentenced to the
mandatory minimum sentence. See U.S.S.G. § 5G1.1(b); Fitch, 137
F.3d at 278.
AFFIRMED.

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