USA v. Bennett

Filing 920070629

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 29, 2007 Charles R. Fulbruge III Clerk No. 06-31090 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALLAN MARTIN BENNETT, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:05-CR-20203-1 -------------------Before REAVLEY, GARZA and BENAVIDES, Circuit Judges. PER CURIAM:* Allan Martin Bennett appeals the 132-month sentence he received following his guilty-plea conviction for conspiracy to possess and distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 846. He challenges the presumption of

reasonableness that attaches to a sentence imposed within a properly calculated guidelines range, relying on the Supreme Court's grant of certiorari in Rita v. United States, 127 S. Ct. 551 (2006). Because an intervening Supreme Court case explicitly

or implicitly overruling prior precedent is required to alter 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-31090 -2this court's precedent, the grant of certiorari in Rita has no impact on this court's precedent. 181 F.3d 620, 624 (5th Cir. 1999). See United States v. Short, And now the Supreme Court has

decided Rita, ___ S.Ct. ___ 2007 WL 1772146 (June 21, 2007), upholding the rule of this court. Bennett's sentence was within a properly calculated advisory guideline range and is entitled to great deference. States v. Mares, 402 F.3d 511, 520 (5th Cir. 2005). See United But aside

from that deference, because of this record and because the sentencing court considered all the factors for a fair sentence under 18 U.S.C. § 3553(a), we conclude that Bennett has failed to demonstrate that his sentence was unreasonable. 20. See id. at 519-

The judgment of the district court is AFFIRMED.