(caption unavailable)

*Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the court has determined that this opinion
should not be published.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 91-2736
Summary Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID L. LYTLE,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Southern District of Texas
(CR H 91 0040 01)
_________________________________________________________________
( December 17, 1992)
Before JOLLY, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
In this appeal, David Lytle, who pled guilty to a conspiracy
to produce false birth certificates and to transfer them through
the mail, attacks his sentence on various grounds. He was
sentenced to imprisonment for 24 months, a fine of $500, supervised
release for three years, and a $50 assessment fee.

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-2-
After reviewing the briefs and the record in this case, we
have concluded that the district court committed no reversible
error. We think that the district court's findings as to all
contested facts adequately address the objections that were raised
in this case; that the district court did not err in concluding
that the defendant was not entitled to reduction for acceptance of
personal responsibility for his criminal conduct, that the district
court did not err in finding that Lytle's criminal history category
does not reflect his actual history; that, in departing from the
guideline range, the district court adequately explained its
reasons for its upward departure; and, finally, we hold that the
sentence does not "border" on cruel and unusual punishment: the
sentence of imprisonment is clearly within the statutory maximum,
as is the supervised release term, and the $5,000 fine.
The district court's sentence of David Lytle is therefore
A F F I R M E D.

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