USA v. Matthew McKee
UNPUBLISHED OPINION FILED. [12-30873 Affirmed ] Judge: EGJ , Judge: FPB , Judge: JLD Mandate pull date is 06/03/2013 for Appellant Matthew McKee [12-30873]
Date Filed: 05/13/2013
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
May 13, 2013
Lyle W. Cayce
UNITED STATES OF AMERICA,
MATTHEW MCKEE, also known as Fantom, also known as Fantomg, also
known as B.J. Hunnicutt,
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:11-CR-62-8
Before JOLLY, BENAVIDES and DENNIS, Circuit Judges.
Matthew McKee pleaded guilty to a single count of engaging in a child
exploitation enterprise, and he was sentenced in the middle of the guidelines
range (240 to 293 months) to a 265-month term of imprisonment and to a period
of supervised release of life. In this appeal, McKee contends that his sentence
is substantively unreasonable because it exceeded the statutory minimum
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Date Filed: 05/13/2013
sentence by 25 months and because the Sentencing Guidelines did not account
sufficiently for his minimal criminal history.
Because this question was not preserved in the district court, this court’s
review of the substantive reasonableness of the sentence is for plain error. See
Puckett v. United States, 556 U.S. 129, 134-35 (2009); see also United States v.
Whitelaw, 580 F.3d 256, 259-60 (5th Cir. 2009).
To show plain error, an
appellant must show a forfeited error that is clear or obvious and that affects his
substantial rights. Puckett, 556 U.S. at 135. If he makes such a showing, this
court has the discretion to correct the error but only if it seriously affects the
fairness, integrity, or public reputation of judicial proceedings. Id.
On the record before us, McKee has not rebutted the presumption of
reasonableness that applies to within-guidelines sentences. See United States
v. Alonzo, 435 F.3d 551, 553-54 (5th Cir. 2006). No error has been shown, plain
or otherwise. The judgment is AFFIRMED.
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