USA v. David Doran
UNPUBLISHED OPINION FILED. [12-50704 Affirmed ] Judge: TMR , Judge: EGJ , Judge: WED Mandate pull date is 04/30/2013 for Appellant David Lee Doran [12-50704]
Date Filed: 04/09/2013
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
April 9, 2013
Lyle W. Cayce
UNITED STATES OF AMERICA,
DAVID LEE DORAN,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:12-CR-78-1
Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.
David Lee Doran appeals the 60-month within-guidelines sentence
imposed by the district court following his guilty plea conviction for possession
of a firearm by a convicted felon. He argues that the sentence is greater than
necessary to effectuate the sentencing goals of 18 U.S.C. § 3553(a) and that the
district court abused its discretion in imposing the sentence in view of his cancer
and the policy considerations of U.S.S.G. § 5H1.4. He also asserts that the
seriousness of his crime was mitigated by his motive for committing it.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 04/09/2013
The 60-month within-guidelines imposed by the district court is entitled
to a presumption of reasonableness. See United States v. Alonzo, 435 F.3d 551,
554 (5th Cir. 2006). The record reflects that the district court considered the
nature and circumstances of the offense and the history and characteristics of
the defendant. See § 3553(a)(1). Doran’s arguments do not establish that the
district court committed any error of judgment in balancing the sentencing
factors. See United States v. Gomez–Herrera, 523 F.3d 554, 565-55 (5th Cir.
2008). Nor has Doran shown that his health issues mandated a lower sentence
under the precedent of this circuit. See, e.g., United States v. Rodriguez, 523
F.3d 519, 526 (5th Cir. 2008) (determining that a lesser sentence was not
warranted for a defendant who suffered from sickle cell amenia, Hepatitis C,
blackouts, and upper respiratory illness); United States v. Castillo, 430 F.3d 230,
240-41 (5th Cir. 2005) (holding that defendant’s HIV-positive status did not
constitute an extraordinary medical condition warranting a lesser sentence);
United States v. Winters, 105 F.3d 200, 208-09 (5th Cir. 1997) (holding that
defendant’s sarcoidosis, a chronic inflammation of multiple organs, was not an
exceptional medical condition requiring a lesser sentence). His disagreement
with the propriety of the sentence imposed and with the district court’s weighing
of the sentencing factors does not suffice to rebut the presumption of
reasonableness that attaches to his within-guidelines sentence.
Gomez-Herrera, 523 F.3d at 565-66; Rodriguez, 523 F.3d at 526.
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?