United States v. Anderson

Case: 26-10006 Document: 63-1 Page: 1 Date Filed: 06/01/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 26-10006 Summary Calendar FILED ____________ June 1, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Kenneth Cody Anderson, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 1:25-CR-39-1 ______________________________ Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: * Kenneth Cody Anderson appeals the 180-month, within-guidelines sentence, imposed following his guilty plea conviction for possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii). He argues his sentence is substantively unreasonable, asserting that the district court should have varied below the guidelines range _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 26-10006 Document: 63-1 Page: 2 Date Filed: 06/01/2026

No. 26-10006 based on the disparate treatment between actual methamphetamine (for which he was charged) and a mixture containing methamphetamine.

The district court considered and rejected Anderson’s request for a lesser sentence, and Anderson has not shown that his sentence fails to account for a factor that should have received significant weight, gave significant weight to an improper factor, or represents a clear error of judgment in balancing the sentencing factors. See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009). Anderson’s disagreement with the propriety of the sentence is insufficient to rebut the presumption of reasonableness that applies to his within-guidelines sentence. See id.; see also United States v. Malone, 828 F.3d 331, 339 (5th Cir. 2016).

AFFIRMED.