Opinion
No. 10-10735 Summary Calendar.
April 11, 2011.
Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.
Ronald T. Spriggs, Sr., Esq., Spriggs Law Office, Amarillo, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 2:10-CR-15-1.
Before KING, BENAVIDES, and ELROD, Circuit Judges.
Santos Rios-Nolasco appeals from the sentence imposed following his guilty plea conviction for illegal reentry after deportation. He argues that his sentence violates the Cruel and Unusual Punishment Clause of the Eighth Amendment because it was disproportional as to his conduct underlying the offense of conviction. A 57-month sentence for a first illegal reentry offense by a defendant with a prior felony conviction for transportation of illegal aliens is not grossly disproportionate to the crime. See Rummel v. Estelle, 445 U.S. 263, 284-85, 100 S.Ct. 1133, 63 L.Ed.2d 382 (1980); United States v. Cardenas-Alvarez, 987 F.2d 1129, 1134 (5th Cir. 1993).
The district court's judgment is AFFIRMED.