USA v. Brasher
Filing
920060802
Opinion
United States Court of Appeals Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 2, 2006 Charles R. Fulbruge III Clerk No. 05-51179 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAY GENE BRASHER, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 6:04-CR-137-1 -------------------Before REAVLEY, WIENER and DENNIS, Circuit Judges. PER CURIAM:* Ray Gene Brasher appeals the district court's imposition, upon resentencing pursuant to United States v. Booker, 543 U.S. 220 (2005), of his nonguideline sentence of 48 months of imprisonment on his guilty-plea conviction for possession of a chemical, product, or material which may be used to manufacture methamphetamine. See 21 U.S.C. � 843(a)(6). Neither party
challenges the district court's calculation of the applicable guideline range of 57 to 71 months. Brasher argues that he
should have been sentenced to home confinement in lieu of any
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-51179 -2term of imprisonment because he is confined to a wheelchair and needs medical attention. He, therefore, contends that his
sentence of imprisonment is unreasonable. The testimony at the resentencing hearing reveals that the district court took into consideration the factors set forth in 18 U.S.C. � 3553(a) in imposing a 48-month sentence. States v. Smith, 440 F.3d 704, 706-08 (5th Cir. 2006). See United Brasher's
history as an experienced methamphetamine cook combined with his wife's use of methamphetamine were strong indicators that home confinement would not afford adequate deterrence of further methamphetamine cooking. Nor would it reflect the seriousness of
the offense, promote respect for the law, protect the public from further methamphetamine trafficking, or avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct. (a)(2)(A)-(C) & (a)(6). See � 3553(a)(1),
The district court's failure to impose a
sentence of home confinement was not unreasonable in that it was based on Brasher's medical condition. See � 3553(a)(2)(D).
Brasher's sentence was supported by the totality of the relevant statutory factors. 711, 715 (5th Cir. 2006). sentence is AFFIRMED. See United States v. Duhon, 440 F.3d Accordingly, Brasher's 48-month
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