United States v. Tooker

Case: 24-60004 Document: 48-1 Page: 1 Date Filed: 08/19/2024

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

No. 24-60004

FILED August 19, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Gerald Joseph Tooker,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:23-CR-10-1 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

Gerald Joseph Tooker pleaded guilty to escaping the custody of a federal institution. He was sentenced above the guidelines range to 24 months of imprisonment and three years of supervised release. Tooker argues on appeal that the district court exhibited a clear error of judgment Case: 24-60004 Document: 48-1 Page: 2 Date Filed: 08/19/2024

No. 24-60004 when balancing the 18 U.S.C. § 3553(a) sentencing factors and imposed a substantively unreasonable sentence.

We review for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). An above-guidelines sentence is substantively unreasonable if it “(1) does not account for a factor that should have received significant weight, (2) gives significant weight to an irrelevant or improper factor, or (3) represents a clear error of judgment in balancing the sentencing factors.” United States v. Diehl, 775 F.3d 714, 724 (5th Cir. 2015). Based on our review of the record, and in light of our deferential standard of review, we are not persuaded that the district court abused its discretion. See Gall, 552 U.S. at 51; Diehl, 775 F.3d at 724. AFFIRMED.