United States v. Belvin

Opinion

Case: 22-60355 Document: 00516658675 Page: 1 Date Filed: 02/28/2023

United States Court of Appeals for the Fifth Circuit

____________ United States Court of Appeals Fifth Circuit

No. 22-60355

FILED

February 28, 2023

Summary Calendar ____________ Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Frederick Belvin,

Defendant—Appellant.

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Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:21-CR-30-1

______________________________

Before Jones, Haynes, and Oldham, Circuit Judges. Per Curiam: * Frederick Belvin appeals the 151-month sentence imposed following his guilty plea to distributing cocaine. He argues that the sentence is substantively unreasonable, and our review is for abuse of discretion. See Holguin-Hernandez v. United States, 140 S. Ct. 762, 766-67 (2020); Gall v. United States, 552 U.S. 38, 51-52 (2007).

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*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-60355 Document: 00516658675 Page: 2 Date Filed: 02/28/2023

No. 22-60355

Belvin has failed to make the showing required to rebut the presumption of reasonableness that applies to his within-guidelines sentence. See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009). The district court considered his medical conditions at sentencing but explained why his criminal history and the facts of this case did not warrant a downward variance given the purposes of sentencing. Belvin’s arguments on appeal essentially urge us to reweigh the sentencing factors, which we will not do. See United States v. Hernandez, 876 F.3d 161, 167 (5th Cir. 2017).

AFFIRMED.