USA v. Christopher Simmons

Filing

UNPUBLISHED OPINION FILED. [09-51071 Affirmed ] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 11/23/2010 for Appellant Christopher Simmons [09-51071]

USA v. Christopher Simmons Case: 09-51071

Document: 00511281593 Page: 1 Date Filed: 11/02/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-51071 S u m m a r y Calendar November 2, 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. C H R I S T O P H E R SIMMONS, also known as Chris Simmons, 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 Western District of Texas U S D C No. 7:09-CR-179-2

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* C h r is to p h e r Simmons pleaded guilty without the benefit of a plea a g r e e m e n t to aiding and abetting attempted bank robbery (Count One); c o n s p ir a c y to commit bank robbery (Count Two); and aiding and abetting the use o f a firearm during a crime of violence (Count Three). The district court

s e n te n c e d Simmons to 71 months on Count One, 60 months on Count Two, to r u n concurrently, and 20 years on Count Three, to run consecutively to Counts

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 09-51071 Document: 00511281593 Page: 2 Date Filed: 11/02/2010 No. 09-51071 O n e and Two. Simmons contends that the 20-years sentence as to Count Three w a s substantively unreasonable. T h e 20-year sentence challenged by Simmons was the result of an upward v a r ia n c e from the Guidelines. See United States v. Brantley, 537 F.3d 347, 349 (5 t h Cir. 2008). Following United States v. Booker, 543 U.S. 220 (2005), our r e v ie w of sentences is for reasonableness in light of the sentencing factors set fo r t h in 18 U.S.C. § 3553(a). See United States v. Mares, 402 F.3d 511, 518-19 (5 t h Cir. 2005). We "consider the substantive reasonableness of the sentence im p o s e d under an abuse-of-discretion standard." Gall v. United States, 552 U.S. 3 8 , 51 (2007). T h e record indicates that the district court properly considered the § 3553(a) factors. The 20-year sentence reflected the seriousness of Simmons's o ffe n s e , the need to promote respect for the law, the need to provide just p u n is h m e n t , and the need to protect the public from future crimes. The sentence im p o s e d "was reasonable under the totality of the relevant statutory factors." Brantley, 537 F.3d at 349 (quotation marks omitted); see also United States v. L o p e z -V e la s q u e z , 526 F.3d 804, 807 (5th Cir. 2008). Accordingly, the judgment o f the district court is AFFIRMED. See Gall, 552 U.S. at 51.

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