Opinion
No. 06-30996 Summary Calendar.
April 17, 2007.
Camille Ann Domingue, Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, for Plaintiff-Appellee.
Wayne Joseph Blanchard, Federal Public Defender's Office, Western District of Louisiana, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Louisiana, USDC No. 6:04-CR-60060-3.
Before DeMOSS, STEWART, and PRADO, Circuit Judges.
Pearlie Warfield appeals the 15-month sentence she received following her guilty-plea conviction for conspiracy to commit health care fraud, in violation of 18 U.S.C. § 371. She argues that the district court erred in failing to impose a non-guideline sentence based on her age and health and in restricting its consideration of the Government's U.S.S.G. § 5K1.1 motion for a downward departure to assistance-related concerns only.
As Warfield concedes, her arguments are foreclosed. See United States v. Guidry, 462 F.3d 373 (5th Cir. 2006); United States v. Desselle, 450 F.3d 179, 182-83 (5th Cir. 2006), cert. denied, ___ U.S. ___, 127 S.Ct. 1148, — L.Ed.2d ___ (2007). Her contention that Guidry and Desselle were wrongly decided is unavailing. See United States v. Short, 181 F.3d 620, 624 (5th Cir. 1999).
The district court's judgment is AFFIRMED.