United States v. Branch

U.S. Court of Appeals for the Fifth Circuit May 26, 2009

United States v. Branch, 325 F. App'x 395 (5th Cir. 2009)

Opinion

PER CURIAM: *

Derrick Demond Branch appeals his 180-month sentence following his guilty *396 plea conviction for carjacking. See 18 U.S.C. § 2119. Branch argues that the district court erred by imposing a higher non-guidelines sentence based on factors already accounted for in the guidelines calculations.

The district court was not precluded from imposing a departure or variance based on factors that the Guidelines had already taken into account. See United States v. Brantley, 537 F.3d 347, 350 (5th Cir. 2008); United States v. Williams, 517 F.3d 801, 810-11 (5th Cir. 2008).

AFFIRMED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *396 . the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee v. Derrick Demond BRANCH, Also Known as Dedrick Demon Branch, Defendant-Appellant
Status: Unpublished