USA v. Cork

Filing 920070502

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 2, 2007 Charles R. Fulbruge III Clerk No. 06-10816 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JIMMY MICHAEL CORK, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 1:06-CR-2-1 -------------------Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jimmy Michael Cork preserves for further review his contention that his sentence is unreasonable because it does not adequately consider his history and characteristics pursuant to 18 U.S.C. § 3553(a)(1) and because the sentence is greater than necessary to comply with the purposes of sentencing set forth in § 3553(a)(2). Cork concedes that his argument is foreclosed by

United States v. Mares, 402 F.3d 511 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005), and its progeny, which have outlined this 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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No. 06-10816 -2court's methodology for reviewing sentences for reasonableness. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.