United States v. Jeffrey Randle

Opinion

Case: 18-20400 Document: 00514940748 Page: 1 Date Filed: 05/02/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals Fifth Circuit

No. 18-20400 FILED Summary Calendar May 2, 2019 Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JEFFREY RANDLE,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CR-73-1

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER CURIAM: * Jeffrey Randle appeals his within-guidelines sentence of 40 months of imprisonment, to be followed by three years of supervised release, for two counts of possession of a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). He challenges his sentence as substantively unreasonable on the ground that his criminal history category overstated the seriousness of his past criminal conduct. As Randle acknowledges, his challenge is subject to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-20400 Document: 00514940748 Page: 2 Date Filed: 05/02/2019

No. 18-20400

plain error review. See United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007). Despite Randle’s arguments, he has not overcome the presumption of substantive reasonableness that applies to his within-guidelines sentence. See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009). In addition, while Randle argues that the district court should have granted a downward departure pursuant to U.S.S.G. § 4A1.3(b)(1), p.s., based on over-represented criminal history, there is no indication that the district court mistakenly believed that it lacked the authority to depart. See United States v. Jefferson, 751 F.3d 314, 322-23 (5th Cir. 2014).

AFFIRMED.