United States v. Davis , 178 F. App'x 405 ( 2006 )


Menu:
  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                    May 4, 2006
    Charles R. Fulbruge III
    Clerk
    No. 05-10788
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ANDRE BERNARD DAVIS,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:02-CR-77-ALL
    --------------------
    Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Andre Bernard Davis appeals the sentence of 12 months
    imposed following the revocation of his supervised release.
    Davis’s sentence, which did not exceed the advisory range set
    forth in U.S.S.G. § 7B1.4, was not imposed in violation of law
    and was neither unreasonable nor plainly unreasonable under the
    facts of this case.    See United States v. Hinson, 
    429 F.3d 114
    ,
    119-20 (5th Cir. 2005), cert. denied,        U.S.   , (No. 05-
    9633), 
    2006 WL 622263
    (Apr. 17, 2006).
    *
    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    this opinion should not be published and is not precedent except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.
    No. 05-10788
    -2-
    We review Davis’s contention that the district court erred
    by failing to consider the factors set forth in 18 U.S.C.
    § 3553(a) for plain error.    See United States v. Gonzalez, 
    250 F.3d 923
    , 930 (5th Cir. 2001).    The district court stated on the
    record that a 12-month sentence was necessary for punishment and
    deterrence, and the sentence was not unlawful.   Accordingly,
    there is no reversible plain error.    See 
    id. at 931.
    For the foregoing reasons, the judgment of the district
    court is AFFIRMED.
    

Document Info

Docket Number: 05-10788

Citation Numbers: 178 F. App'x 405

Judges: Barksdale, Clement, Per Curiam, Stewart

Filed Date: 5/4/2006

Precedential Status: Non-Precedential

Modified Date: 8/2/2023