253 F. App'x 351

UNITED STATES of America, Plaintiff-Appellee v. Maria Magdalena PATINO, Defendant-Appellant.

No. 06-11288

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 5, 2007.

Bret E. Helmer, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Federal Public Defender’s Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

*352Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Maria Magdalena Patino pleaded guilty to one count of making a false statement to a government agent (in conjunction -with attempting, for payment, to smuggle minors into this Country), in violation of 18 U.S.C. § 1001. The district court departed upwardly from the 6 to 12 month advisory guildeline sentencing range to 24 months of imprisonment, stating reasons for doing so consistent with 18 U.S.C. § 3553(a). Patino appeals her sentence, claiming the extent of the departure was unreasonable.

Given the great deference owed to the district court in this matter, the reasons it provided, the circumstances of the offense, Patino’s previous unpunished criminal activity, and the extent of upward departures given in other cases, the district court did not abuse its discretion in the extent of the departure, and the sentence is reasonable. See United States v. Smith, 440 F.3d 704, 708 n. 5 (5th Cir.2006); United States v. Saldana, 427 F.3d 298, 302-04, 312, 315-16 (5th Cir.2005).

AFFIRMED.

United States v. Patino
253 F. App'x 351

Case Details

Name
United States v. Patino
Decision Date
Nov 5, 2007
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253 F. App'x 351

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United States

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