UNITED STATES v. GREEN (2020)

Ray Green appeals the within-guidelines sentence of 210 months of imprisonment imposed following his guilty-plea convictions for conspiring to possess with intent to distribute more than 50 grams of methamphetamine and possessing a firearm in relation to a drug trafficking crime. He contends that the district court failed to consider the 18 U.S.C. § 3553(a) factors.

Because he did not raise this alleged procedural error in the district court, we review for plain error only. United States v. Mondragon-Santiago, 564 F.3d 357, 361-62 (5th Cir. 2009). As Green’s sentence falls within the applicable guidelines range, we infer that the district court considered the § 3553(a) factors. United States v. Mares, 402 F.3d 511, 519-20 (5th Cir. 2005). Moreover, Green does not even attempt, and thus fails, to show plain error. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009).

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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.