United States v. Johnson

Case: 21-51189 Document: 00516467021 Page: 1 Date Filed: 09/09/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals

Fifth Circuit FILED

No. 21-51189 September 9, 2022 Summary Calendar Lyle W. Cayce

Clerk United States of America,

Plaintiff—Appellee, versus

Dominique Lamar Johnson,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:11-CR-330-2

Before Davis, Duncan, and Engelhardt, Circuit Judges.

Per Curiam:*

Dominique Lamar Johnson appeals the 36-month term of imprisonment imposed following the revocation of his supervised release. Johnson asserts that his revocation sentence, which was above the range

Case: 21-51189 Document: 00516467021 Page: 2 Date Filed: 09/09/2022

No. 21-51189 recommended by the policy statements of the Sentencing Guidelines, is substantively unreasonable.

We review his sentence under the plainly unreasonable standard. See Holguin-Hernandez v. United States, 140 S. Ct. 762, 766-67 (2020); United States v. Warren, 720 F.3d 321, 326 (5th Cir. 2013); see also United States v. Cano, 981 F.3d 422, 427 (5th Cir. 2020). The record reflects that the district court’s explanation for the chosen revocation sentence was reasoned, fact- specific, and consistent with the statutory sentencing factors relevant to revocation sentences. See Warren, 720 F.3d at 332-33. The district court did not abuse its discretion or impose a substantively unreasonable revocation sentence. See id. at 332.

The judgment of the district court is AFFIRMED.