United States v. Eduardo Garza ( 2013 )


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  •      Case: 12-40459       Document: 00512152738         Page: 1     Date Filed: 02/22/2013
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    February 22, 2013
    No. 12-40459
    Summary Calendar                        Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    EDUARDO GARZA, also known as Eddie Garza,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 2:05-CR-88-1
    Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
    PER CURIAM:*
    Eduardo Garza appeals the sentence imposed following the revocation of
    his previously imposed term of supervised release. He argues that he was
    subject to a maximum revocation sentence of only 36 months, but the district
    court sentenced him to 48 months of imprisonment. Because Garza argues that
    his revocation sentence exceeds the statutory maximum and is illegal, our review
    is de novo. See United States v. Vera, 
    542 F.3d 457
    , 459 (5th Cir. 2008).
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    Case: 12-40459     Document: 00512152738      Page: 2    Date Filed: 02/22/2013
    No. 12-40459
    The statutory maximum revocation sentence is based on the classification
    of the underlying offense that resulted in the imposition of the term of
    supervised release. See 
    18 U.S.C. § 3583
    (e)(3). Unless the underlying offense
    of conviction specifies a particular classification, this classification is based on
    the “maximum term of imprisonment authorized” for that underlying offense.
    
    18 U.S.C. § 3559
    (a). In the instant case, Garza was convicted for a drug
    conspiracy under 
    21 U.S.C. §§ 846
     and 841(b)(1)(B), which ordinarily would
    carry a statutory maximum sentence of 40 years of imprisonment. However,
    because the Government provided notice of his earlier felony drug conviction as
    required by 
    21 U.S.C. § 851
    , his “maximum term of imprisonment authorized”
    under § 841(b)(1)(B) increased to life. Therefore, Garza’s underlying offense
    qualified as a Class A felony, and his applicable statutory maximum revocation
    sentence was five years. See § 3559(a)(1); § 3583(e)(3). Thus, his 48-month
    revocation sentence is not illegal because it does not exceed the applicable five
    year statutory maximum.
    AFFIRMED.
    2
    

Document Info

Docket Number: 12-40459

Judges: Smith, Prado, Higginson

Filed Date: 2/22/2013

Precedential Status: Non-Precedential

Modified Date: 3/1/2024