230 F. App'x 398

UNITED STATES of America, Plaintiff-Appellee, v. Vishnu K. SRENEVASAN, Defendant-Appellant.

No. 06-50611

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 1, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western *399District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before DeMOSS, STEWART, and PRADO, Circuit Judges.

PER CURIAM: *

Having pleaded guilty to attempted bank robbery by extortion, Vishnu K. Srenevasan appeals his 92-month sentence. Srenevasan does not dispute that an upward departure from the advisory Sentencing Guidelines was warranted in his case, but he argues that the extent of the departure was unreasonable. Srenevasan contends that there is no evidence that his offense caused greater emotional trauma than is typical in an attempted robbery or extortion; that the district court’s finding that the victim suffered psychological injury is not supported by expert evidence; and that the district court failed to consider Srenevasan’s lack of criminal history and the likelihood that he will be deported to India after serving his sentence.

As Srenevasan did not object to the lack of expert testimony concerning the victim’s psychological state, we review this argument for plain error and find none. See United States v. Izaguirre-Losoya, 219 F.3d 437, 441 (5th Cir.2000).

In addition to departing upward pursuant to U.S.S.G. § 2B3.2, comment, (n.8) based on Srenevasan’s threats to the victim’s family, the district court concluded that an upward departure was necessary based on the nature and circumstances of the offense; to reflect the seriousness of the offense; to provide just punishment and adequate deterrence; and to protect the public. See 18 U.S.C. § 3553(a). In light of the facts of this case and the foregoing sentencing factors, we conclude that the upward departure was within the discretion of the district court and that Srenevasan’s sentence was not unreasonable. United States v. Saldana, 427 F.3d 298, 310 (5th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1097, 163 L.Ed.2d 911 (2006); United States v. Smith, 440 F.3d 704, 706 (5th Cir.2006).

AFFIRMED.

United States v. Srenevasan
230 F. App'x 398

Case Details

Name
United States v. Srenevasan
Decision Date
May 1, 2007
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230 F. App'x 398

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