United States v. Heath Brewer

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 9, 2019
• Docket: 19-10069
• Status: Unpublished

Opinion

Case: 19-10069 Document: 00515151880 Page: 1 Date Filed: 10/09/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 19-10069 FILED Summary Calendar October 9, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HEATH JAYDEL BREWER,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:18-CR-241-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges. PER CURIAM: * Heath Jaydel Brewer appeals the 215-month sentence following his guilty plea to possession with intent to distribute a controlled substance. Brewer argues that the district court improperly limited the extent of his downward departure by considering improper factors. See United States v. Desselle, 450 F.3d 179, 182 (5th Cir. 2006).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-10069 Document: 00515151880 Page: 2 Date Filed: 10/09/2019

No. 19-10069

Although the district court may have muddled the steps of the sentencing analysis, its comments make clear that it does not believe that a sentence reflecting any further departure from Brewer’s guidelines range would be appropriate. As such, any error in imposing Brewer’s 215-month sentence was harmless. See United States v. Malone, 828 F.3d 331, 341 (5th Cir. 2016). To the extent Brewer contends that he deserved a larger downward departure given his assistance to the Government, we lack jurisdiction to consider his argument. See id. AFFIRMED.