Filed: Dec. 14, 2005
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 FOR THE FIFTH CIRCUIT December 14, 2005 Charles R. Fulbruge III Clerk No. 05-60394 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LENNIE LITTLE, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:04-CR-94-1 - Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PER CURIAM:* Lennie Little appeal
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005 Charles R. Fulbruge III Clerk No. 05-60394 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LENNIE LITTLE, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:04-CR-94-1 - Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PER CURIAM:* Lennie Little appeals..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 14, 2005
Charles R. Fulbruge III
Clerk
No. 05-60394
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LENNIE LITTLE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:04-CR-94-1
--------------------
Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Lennie Little appeals his 57-month, guilty-plea sentence for
conspiracy to ship and transport firearms in interstate commerce
by a convicted felon, 18 U.S.C. § 371. Little asserts, for the
first time, that the district court made no specific reference to
the factors listed in 18 U.S.C. § 3553(a) in denying his request
that the court order his federal sentence to run concurrently
with his state sentence and its refusal thus constituted an abuse
of discretion.
*
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this opinion should not be published and is not precedent except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.
No. 05-60394
-2-
Little’s request for a concurrent sentence did not preserve
a claim that the district court failed to properly articulate its
reasons for imposing a consecutive sentence as required by 18
U.S.C. § 3553(c). Accordingly, we review for plain error. See
United States v. Everist,
368 F.3d 517, 520 (5th Cir. 2004).
Here, the district court did not explicitly consider every
one of the factors listed in 18 U.S.C. § 3553(a) and U.S.S.G.
§ 5G1.3, but it did explicitly consider some of these factors.
At sentencing, the court considered the nature and circumstances
of the offense and the characteristics of the defendant when it
remarked that Little was not a small-time gun trafficker. In
addition, the Government’s arguments alerted the district court
to some of the other 18 U.S.C. § 3553(a) and U.S.S.G. § 5G1.3
factors, including Little’s risk for recidivism and criminal
history and the need to protect the public.
Where, as here, the record reflects an implicit
consideration of the 18 U.S.C. § 3553(a) factors, we will uphold
a district court’s decision to impose consecutive sentences. See
Everist, 368 F.3d at 521; United States v. Izaguirre-Losoya,
219
F.3d 437, 440 (5th Cir. 2000) (upholding the imposition of a
consecutive sentence where district court made no explicit
statement concerning pertinent factors but was alerted to these
factors by the presentence report and defense counsel). Little
thus has not shown that the district court’s consideration of the
18 U.S.C. § 3553(a) and U.S.S.G. § 5G1.3 factors was deficient.
No. 05-60394
-3-
Little likewise has not established plain error in
connection with the district court’s compliance with 18 U.S.C.
§ 3553(c). Under the plain error standard of review, the
defendant bears the burden of showing that (1) there is an error,
(2) the error is plain, and (3) the error affects substantial
rights. United States v. Olano,
507 U.S. 725, 732 (1993). A
defendant’s substantial rights are affected only if the error
“affected the outcome of the district court proceedings.”
Id. at
734. Little has made no such showing. Accordingly, we affirm.
AFFIRMED.