United States v. King ( 2021 )

Case: 20-30393 Document: 00515780669 Page: 1 Date Filed: 03/15/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 15, 2021
No. 20-30393
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Manuel King,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:19-CR-85-1
Before Owen, Chief Judge, and Ho and Engelhardt, Circuit Judges.
Per Curiam:*
Manuel King pleaded guilty pursuant to a plea agreement to three
counts of carjacking. He now appeals, challenging the substantive
reasonableness of the above-guidelines 240-months sentence of
imprisonment imposed by the district court. We affirm.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-30393 Document: 00515780669 Page: 2 Date Filed: 03/15/2021
No. 20-30393
This court reviews the substantive reasonableness of a sentence under
the abuse-of-discretion standard, whether the sentence is inside or outside of
the guidelines range. United States v. Cisneros-Gutierrez, 517 F.3d 751, 764
(5th Cir. 2008). Deference is owed to the district court’s determination of
the appropriate sentence based on the § 3553(a) factors. United States v.
Brantley, 537 F.3d 347, 349 (5th Cir. 2008). Here, the district court expressly
stated that it had considered the § 3553(a) sentencing factors and pointed to
King’s long, violent criminal history, not all of which was included in his
criminal history score. King has not shown the district court failed to
consider any significant factors, gave undue weight to any improper factor,
or clearly erred in balancing the sentencing factors. See United States v.
Smith, 440 F.3d 704, 708 (5th Cir. 2006).
AFFIRMED.
2