Testo completo
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50530
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SABINO ALCOCER-CASTRO,
also known as Sabino Alcocer
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-00-CR-36-1-JN
--------------------
April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Sabino Alcocer-Castro appeals the 46-month sentence imposed
after he pleaded guilty to a charge of illegal reentry into the
United States following deportation in violation of 8 U.S.C.
§ 1326. For the first time on appeal, he asserts that in
imposing his sentence, the district court failed to consider
“prior criminal history, family ties, and safeguards against
cruel and unusual punishment.” The district court did not commit
error, plain or otherwise, in sentencing Alcocer-Castro within
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No. 00-50530
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the Sentencing Guideline range. This appeal is without arguable
merit and is thus frivolous. Howard v. King, 707 F.2d 215, 219-
20 (5th Cir. 1983). It is therefore DISMISSED. 5TH CIR. R. 42.2.
APPEAL DISMISSED.
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