USA v. Andre McDaniel
UNPUBLISHED OPINION FILED. [13-20376 Affirmed ] Judge: JLW , Judge: PRO , Judge: CH Mandate pull date is 06/24/2014 for Appellant Andre McDaniels [13-20376]
Date Filed: 06/03/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
June 3, 2014
Lyle W. Cayce
UNITED STATES OF AMERICA,
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 4:12-cr-167-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Defendant-Appellant Andre McDaniels appeals the sentences imposed
following his guilty-plea conviction on nine counts of tampering with a witness
by corrupt persuasion.
The district court sentenced him to 78 months of
imprisonment on each count, with those sentences to run concurrently with
each other but consecutively to federal sentences that McDaniels was already
serving following prior convictions on charges of coercion and enticement.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 06/03/2014
McDaniels argues that the sentences imposed by the district court were
substantively unreasonable because the district court did not afford adequate
weight to the applicable guidelines range – U.S.S.G. § 5G1.3 in particular – in
its balancing of the 18 U.S.C. § 3553(a) factors. See Gall v. United States, 552
U.S. 38, 50-51 (2007). He did not object on this basis in the district court,
however, so plain error review applies. See United States v. Peltier, 505 F.3d
389, 391-92 (5th Cir. 2007). McDaniels does not attempt to show that the
alleged error either “affected [his] substantial rights” or “seriously affect[ed]
the fairness, integrity or public reputation of judicial proceedings,” however, so
he cannot establish reversible plain error. Puckett v. United States, 556 U.S.
129, 135 (2009) (internal quotation marks and citations omitted); see also
United States v. Williams, 620 F.3d 483, 496 (5th Cir. 2010).
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