Filed: Apr. 20, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 20, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-30704 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSIE E. SINEGAL, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:00-CR-60006 - Before JONES, Chief Judge, and JOLLY and OWEN, Circuit Judges. PER CURIAM:* The district court revoked Josie
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 20, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-30704 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSIE E. SINEGAL, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:00-CR-60006 - Before JONES, Chief Judge, and JOLLY and OWEN, Circuit Judges. PER CURIAM:* The district court revoked Josie ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
April 20, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-30704
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSIE E. SINEGAL,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:00-CR-60006
--------------------
Before JONES, Chief Judge, and JOLLY and OWEN, Circuit Judges.
PER CURIAM:*
The district court revoked Josie E. Sinegal’s probation and
sentenced her to serve four years in prison. Sinegal appeals her
sentence. She argues that her sentence is unreasonable because it
exceeded the advisory guideline range, because her violations did
not warrant such a harsh sentence, and because the district court
failed to provide sufficient reasons for the sentence. She
requests that this court vacate her sentence and remand the case
for resentencing.
*
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this opinion should not be published and is not precedent except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.
We have yet to decide whether revocation sentences imposed
following the release of United States v. Booker,
543 U.S. 220
(2005), should be reviewed under the reasonableness standard or the
plainly unreasonable standard. See United States v. Hinson,
429 F.3d 114, 120 (5th Cir. 2005), cert. denied,
126 S. Ct. 1804
(2006). Nevertheless, resolution of this issue is not needed to
dispose of this appeal because Sinegal has not shown that she
should prevail under either standard. See
id. Sinegal’s sentence
exceeded the recommended guidelines sentence but not the pertinent
statutory maximum sentence. Further, a review of the record
demonstrates that the district court considered the relevant
sentencing factors. See United States v. Smith,
440 F.3d 704, 707
(5th Cir. 2006). Consequently, the sentence was neither
unreasonable nor plainly unreasonable, and the judgment of the
district court is AFFIRMED.
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