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United States v. Claudia Montoya-Derios
678 F. App'x 254
| 5th Cir. | 2017
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Docket

*1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.

Case: 16-50723 Document: 00513898577 Page: 2 Date Filed: 03/06/2017

No. 16-50723

Cons w/ No. 16-50739

PER CURIAM: [*]

Claudia Elena Montoya was convicted of illegal reentry and was sentenced within the guidelines range to 57 months of imprisonment and three years of supervised release. In a separate proceeding, her supervised release was revoked, and she was sentenced to four months of imprisonment, to run concurrently with the sentence for the illegal reentry conviction. Her appeals from these judgments have been consolidated for our review.

Montoya contends that her 57-month sentence is substantively unreasonable and greater than necessary to satisfy the 18 U.S.C. § 3553(a) factors. Her arguments pertain to the 57-month sentence imposed for her illegal reentry conviction; she does not make any specific argument regarding her revocation sentence. Accordingly, she has abandoned her appeal of her revocation judgment. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). She fails to demonstrate any error, plain or otherwise, with respect to the substantive reasonableness of her sentence for her illegal reentry conviction. See United States v. Cooks , 589 F.3d 173, 186 (5th Cir. 2009); United States v. Campos-Maldonado , 531 F.3d 337, 338 (5th Cir. 2008).

The judgments of the district court are AFFIRMED.

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. 2

Case Details

Case Name: United States v. Claudia Montoya-Derios
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 6, 2017
Citation: 678 F. App'x 254
Docket Number: 16-50723 Consolidated with 16-50739 Summary Calendar
Court Abbreviation: 5th Cir.
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