United States Fifth Circuit

On remand from the Supreme Court of the United States for consideration in light of its decision in Gall v. U.S., 128 S. Ct. 586 (2007), a sentence for having been found in the United States following deportation is affirmed where: 1) the sentence was within the advisory guideline range and the sentence was properly given a non-binding presumption of reasonableness; 2) the district court duly considered and gave individualized attention to the defense pleas for a lower sentence but reasonably concluded that other facts counseled against such a sentence; and 3) defendant was not entitled to resentencing pursuant to a Booker claim.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• PER CURIAM:, Before GARWOOD, CLEMENT and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Mary Jane Harmon, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Sarah Beth Landau, Houston, TX, for Defendant-Appellant.