USA v. Powell
Filing
920070510
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 10, 2007 Charles R. Fulbruge III Clerk
No. 06-50539 Summary Calendar
UNITED STATES OF AMERICA, PlaintiffAppellee, versus ANTOINE EARL POWELL, DefendantAppellant. ------------------------------------------------------------Appeal from the United States District Court for the Western District of Texas USDC No. 6:05-CR-219-1 -------------------------------------------------------------Before DeMOSS, STEWART and PRADO, Circuit Judges. PER CURIAM:* Antoine Earl Powell appeals his sentence following his guilty plea to aiding and abetting the possession with intent to distribute at least 50 grams of crack cocaine and aiding and abetting the possession of a firearm during the commission of a drug-trafficking crime. He argues that his 151month and consecutive 60-month sentence was unreasonable and unjust for an offense of this type, character, and seriousness. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*
Because Powell's sentence was within a properly calculated guideline range of 151 to 188 months, we infer that the district court considered all the factors for a fair sentence set forth in the Guidelines. See United States v. Mares, 402 F.3d 511, 519 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). "[A] sentence within a properly calculated Guideline range is presumptively reasonable." United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). Powell has failed to demonstrate that his properly calculated guidelines sentence was unreasonable. See id.; Mares, 402 F.3d at 519. AFFIRMED.
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?