250 F. App'x 75

UNITED STATES of America, Plaintiff-Appellee v. Carlos Adan UMANA, Defendant-Appellant.

No. 07-10013

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 4, 2007.

Susan B. Cowger, William C. McMurrey, U.S. Attorney’s Office Northern District of Texas, Dallas, TX, for PlaintiffAppellee.

Jason Douglas Hawkins, Federal Public Defender’s Office Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before KING, DAVIS and CLEMENT, Circuit Judges.

PER CURIAM: *

Carlos Adan Umana (Umana) appeals the sentence imposed following his conviction for securities fraud. Umana argues that the Government breached its promise in the plea agreement to recommend a sentence at the low end of the applicable guidelines range. Because Umana did not raise this issue in the district court, review is limited to plain error. See United States v. Munoz, 408 F.3d 222, 226 (5th Cir .2005).

*76The Government’s sentencing recommendation was included in his presentence report, and the Government’s statements at sentencing were not contrary to the recommendation. See United States v. Reeves, 255 F.3d 208, 211 (5th Cir.2001). We also reject Umana’s assertion that the Government’s statements triggered a “duty” to reiterate the recommendation at sentencing pursuant to our prior decisions in United States v. Saling, 205 F.3d 764, 767 n. 11 (5th Cir.2000), and Reeves, 255 F.3d at 211. As Umana has not shown that the Government breached the plea agreement, he has not shown plain error.

AFFIRMED.

United States v. Umana
250 F. App'x 75

Case Details

Name
United States v. Umana
Decision Date
Oct 4, 2007
Citations

250 F. App'x 75

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!