Opinion
No. 07-40279 Summary Calendar.
March 11, 2008.
Kevin Blake Ross, Sorrels, Udashen Anton, Dallas, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 7:05-CR-621-2.
Before KING, DAVIS, and CLEMENT, Circuit Judges.
Reynaldo Carlos Aldaz-Trevino (Aldaz) appeals his 33-month sentence that was imposed following his guilty plea conviction for fraud and misuse of visas, permits, and other documents. Aldaz argues that the district court abused its discretion by upwardly departing under U.S.S.G. § 4A1.3 based on a finding that his criminal history was substantially under represented. He also contends that the district court erred in imposing a six-level upward adjustment under U.S.S.G. § 2L2.1(b)(2)(B) based on a finding that he was responsible for 25-99 fraudulent documents.
The district court imposed an "alternate non-guidelines sentence" by stating that it would impose a 33-month sentence even if the Guidelines were misapplied. United States v. Autuna-Moran, 488 F.3d 1048 (5th Cir. 2007). The district court cited case specific reasons for the imposition of Aldaz's sentence and considered proper factors under 18 U.S.C. § 3553(a). See United States v. Tzep-Mejia, 461 F.3d 522, 525-26 (5th Cir. 2006). Because Aldaz's alternate non-guidelines sentence is reasonable, it is unnecessary to determine whether the district court erred in its application of the Guidelines regarding either the upward departure or the six-level adjustment. See id.; see also Aiituna-Moran, 488 F.3d at 1048.
Accordingly, the judgment of the district court is AFFIRMED.