USA v. David Martindale

Filing

UNPUBLISHED OPINION FILED. [09-11167 Affirmed] Judge: EGJ , Judge: EMG , Judge: CES. Mandate pull date is 10/01/2010 for Appellant David Martindale [09-11167]

USA v. David Martindale

Doc. 0

Case: 09-11167

Document: 00511230530

Page: 1

Date Filed: 09/10/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-11167 S u m m a r y Calendar September 10, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. D A V I D MARTINDALE, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 4:09-CR-77-1

B e fo r e JOLLY, GARZA and STEWART, Circuit Judges. P E R CURIAM:* D a v id Martindale pleaded guilty to being a felon in possession of a firearm. The district court imposed a within-guidelines sentence of 120 months in prison. Martindale appeals the sentence imposed, arguing that the district court c o m m it t e d procedural error by failing to sufficiently explain the reasons for o v e r r u lin g his objections to the obliterated-serial-number enhancement and the § 2K21.(b)(6) enhancement. He also asserts that the district court committed p r o c e d u r a l error by enhancing his sentence pursuant to § 2K2.1(b)(6). Finally,
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

Dockets.Justia.com

Case: 09-11167

Document: 00511230530 Page: 2 No. 09-11167

Date Filed: 09/10/2010

h e contends that his sentence is substantively unreasonable because the o b lite r a t e d -s e r ia l-n u m b e r enhancement quadrupled since the enactment of the in it ia l guidelines without any consideration of the overall purposes of s e n te n cin g . M a r t in d a le 's argument regarding the adequacy of the district court's r e a s o n s is unavailing. The district court listened to Martindale's arguments, a d o p t e d the presentence report (PSR), and rejected Martindale's request for a d o w n w a r d departure. See United States v. Rodriguez, 523 F.3d 519, 525-26 (5th C ir . 2008). Further, the district court stated that upon consideration of the 18 U .S .C . § 3553(a) factors, it felt that a sentence within the guidelines sentence r a n g e was justified. Thus, this court is satisfied that the district court judge c o n s id e r e d the parties' arguments and had a reasoned basis for exercising his o w n legal decision making authority. See Rita v. United States, 551 U.S. 338, 3 4 7 (2007). T h e district court's argument regarding the § 2K2.1(b)(6) enhancement is a ls o without merit. Section 2K2.1(b)(6) requires the district court to impose a fo u r -le v e l enhancement "[i]f the defendant used or possessed any firearm or a m m u n it io n in connection with another felony offense." Martindale admitted to s e llin g methamphetamine at his home, where a firearm was discovered. Martindale also admitted that most of those firearms discovered in Sheri Lynn C o u r t n e y 's vehicle and residence were obtained as payment for

m e t h a m p h e t a m in e . Thus, the district court's finding that Martindale used a fir e a r m or possessed a firearm in connection with another felony offense is p la u s ib le in light of the record as a whole. See United States v. Condren, 18 F.3d 1 1 9 0 , 1199 (5th Cir. 1994). F in a lly , Martindale's argument that his sentence is substantively u n r e a s o n a b le is also without merit. See Mondragon-Santiago, 564 F.3d 357, 3 6 6 -6 7 (5th Cir.), cert. denied, 130 S. Ct. 192 (2009)(stating that while a district c o u r t may vary from the guidelines range based solely on policy considerations, 2

Case: 09-11167

Document: 00511230530 Page: 3 No. 09-11167

Date Filed: 09/10/2010

t h is court will not second guess the district court's refusal to do so because a p a r t i c u la r guidelines is not empirically based). s e n te n c e is AFFIRMED. Accordingly, Martindale's

3