UNITED STATES v. MORRISON (2020)

Antonnyer Derrel Morrison appeals the 60-month upward departure sentence he received after pleading guilty to interfering with commerce by robbery and aiding and abetting. Morrison contends that his sentence is substantively unreasonable. We affirm.

Morrison’s 60-month sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Key, 599 F.3d 469, 475 (5th Cir. 2010). Contrary to Morrison’s assertion, the district court considered his arguments for a within-guidelines sentence but ultimately found them unavailing. Morrison’s disagreement with the district court’s balancing of the 18 U.S.C. § 3553(a) factors is not grounds for vacating his upward departure sentence. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

The judgment is AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.