Filed: May 17, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-11408 Document: 00514962227 Page: 1 Date Filed: 05/17/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-11408 United States Court of Appeals Summary Calendar Fifth Circuit FILED May 17, 2019 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff–Appellee v. LARRY JAMES WILLIAMS, JR., Defendant–Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CR-139-1 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIA
Summary: Case: 18-11408 Document: 00514962227 Page: 1 Date Filed: 05/17/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-11408 United States Court of Appeals Summary Calendar Fifth Circuit FILED May 17, 2019 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff–Appellee v. LARRY JAMES WILLIAMS, JR., Defendant–Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CR-139-1 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM..
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Case: 18-11408 Document: 00514962227 Page: 1 Date Filed: 05/17/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 18-11408 United States Court of Appeals
Summary Calendar
Fifth Circuit
FILED
May 17, 2019
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff–Appellee
v.
LARRY JAMES WILLIAMS, JR.,
Defendant–Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CR-139-1
Before SMITH, WIENER, and WILLETT, Circuit Judges.
PER CURIAM:*
Larry James Williams, Jr. appeals the 11-month sentence imposed
following revocation of his supervised release. He contends that his sentence
was procedurally unreasonable because the district court failed to address his
arguments in favor of mitigation. Although he concedes that he did not timely
object to the district court’s explanation, Williams contends that this issue
should be reviewed de novo in light of Chavez-Meza v. United States,
139 S. Ct.
1959 (2018). We adhere to our established precedent, see United States v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-11408 Document: 00514962227 Page: 2 Date Filed: 05/17/2019
No. 18-11408
Boche-Perez,
755 F.3d 327, 334 (5th Cir. 2014) (rule of orderliness), and we
review for plain error, see United States v. Mondragon-Santiago,
564 F.3d 357,
364 (5th Cir. 2009).
To prevail on plain error review, Williams must show a (1) forfeited error
(2) that is clear or obvious and (3) that affects his substantial rights. Puckett
v. United States,
556 U.S. 129, 135 (2009). If he makes such a showing, this
court has the discretion to correct the error, but only if it “seriously affect[s]
the fairness, integrity or public reputation of judicial proceedings.”
Id. (internal
quotation marks and citation omitted).
Williams has not made the requisite showing. While the district court
did not specifically address Williams’s mitigation arguments in support of a
lesser sentence, it did listen to these arguments and ultimately concluded that
a sentence in the middle of the policy range was adequate. The failure to
provide more specific reasons for rejecting Williams’s arguments for a lesser
sentence does not constitute clear or obvious error. Rita v. United States,
551
U.S. 338, 356 (2007);
Puckett, 556 U.S. at 135.
AFFIRMED.
2