Summary Calendar UNITED STATES OF AMERICA v. Domingo Sunny Eredia

* 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this opinion should not be published and is not precedent except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 14, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51203
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DOMINGO SUNNY EREDIA
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:00-CR-457-2
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Domingo Sunny Eredia appeals the sentence imposed following
the revocation of his supervised release imposed following his
guilty-plea conviction for conspiracy to possess with intent to
distribute 50 grams or more of cocaine base. For the first time
on appeal, Eredia argues that the district court plainly erred by
not allowing him to allocute.
The district court plainly erred by not unequivocally
communicating to Eredia that he had the right to offer any
information of any mitigating circumstances he wished prior to

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No. 05-51203
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the pronouncement of sentence. See United States v. Magwood, 445
F.3d 826, 829 (5th Cir. 2006). However, because Eredia has not
shown any objective basis that would have moved the district
court to impose a lower sentence, no miscarriage of justice
occurred, and we will not exercise our discretion to correct this
error. See id. at 830.
AFFIRMED.

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