Filed: Apr. 08, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-31003 Document: 00514906627 Page: 1 Date Filed: 04/08/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-31003 FILED April 8, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TERRANCE DEON JORDAN, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:18-CR-44-1 Before DENNIS, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:
Summary: Case: 18-31003 Document: 00514906627 Page: 1 Date Filed: 04/08/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-31003 FILED April 8, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TERRANCE DEON JORDAN, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:18-CR-44-1 Before DENNIS, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: *..
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Case: 18-31003 Document: 00514906627 Page: 1 Date Filed: 04/08/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-31003
FILED
April 8, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TERRANCE DEON JORDAN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:18-CR-44-1
Before DENNIS, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Terrance Deon Jordan pleaded guilty to one count of being a felon in
possession of a firearm. The district court calculated an advisory sentencing
guidelines range of 41 to 63 months of imprisonment and sentenced him to 96
months of imprisonment. He now appeals his sentence, and we affirm.
This court recognizes three types of sentences: (1) a sentence within the
guidelines range, (2) an upward or downward departure authorized by the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-31003 Document: 00514906627 Page: 2 Date Filed: 04/08/2019
No. 18-31003
Sentencing Guidelines, and (3) a non-guidelines sentence, or variance, that is
outside the guidelines range. See United States v. Brantley,
537 F.3d 347, 349
(5th Cir. 2008). Here, the record reflects that the district court imposed the
96-month sentence in the alternative as either an upward departure or an
upward variance. Jordan has challenged only the procedural reasonableness
of the district court’s application of the U.S.S.G. § 4A1.3 departure provision,
but the district court was not required to apply that provision before imposing
an upward variance. See United States v. Gutierrez,
635 F.3d 148, 152-53 (5th
Cir. 2011). He has therefore failed to brief any challenge to the imposition of
his sentence in the alternative as an upward variance. We affirm on that
unchallenged alternative basis. See United States v. Hebert,
813 F.3d 551, 561-
62 (5th Cir. 2015); Capital Concepts Props. 85-1 v. Mut. First, Inc.,
35 F.3d 170,
176 (5th Cir. 1994). We alternatively affirm on the basis that the upward
variance was reasonable in light of the defendant’s criminal history and record,
as explained by the district court.
AFFIRMED.
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