United States v. Sydiryl Lewis , 400 F. App'x 815 ( 2010 )

Case: 09-31176 Document: 00511280248 Page: 1 Date Filed: 11/01/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 1, 2010
No. 09-31176
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SYDIRYL ANTHONY LEWIS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:08-CR-371-1
Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM:*
Sydiryl Anthony Lewis appeals the 327-month sentence imposed after he
pleaded guilty to two counts of a 10-count indictment charging him with several
drug-trafficking and firearm crimes. He contends that the court at sentencing
gave inadequate consideration to his history of untreated substance-abuse
problems.
The sentence was within the properly calculated advisory guidelines range
and is presumed to be reasonable. See United States v. Alonzo, 435 F.3d 551,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-31176 Document: 00511280248 Page: 2 Date Filed: 11/01/2010
No. 09-31176
554 (5th Cir. 2006). Lewis addresses legitimate sentencing factors but does not
rebut the presumption of reasonableness, especially where the district court
considered and rejected his arguments in light of the presentence report and the
sentencing factors of 18 U.S.C. § 3553(a). Lewis simply asks this court to
substitute his assessment of the § 3553(a) factors for that of the district court,
which is directly contrary to the deferential review dictated by Gall v. United
States, 552 U.S. 38, 51 (2007). The judgment of the district court is AFFIRMED.
2