United States v. Johnson

Case: 25-11342 Document: 49-1 Page: 1 Date Filed: 08/31/2026

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

No. 25-11342 FILED August 31, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Damon Tonyado Johnson, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:24-CR-549-1 ______________________________ Before Davis, Richman, and Oldham, Circuit Judges.

Per Curiam: * Damon Tonyado Johnson pleaded guilty to bank robbery and was sentenced to 200 months of imprisonment. He contends this sentence is substantively unreasonable, arguing that the district court erred by placing undue weight on offenses he committed as a teenager.

Case: 25-11342 Document: 49-1 Page: 2 Date Filed: 08/31/2026

No. 25-11342

The record reflects that after considering the facts of the case and both aggravating and mitigating factors, the district court relied on Johnson’s criminal history and the 18 U.S.C. § 3553(a) factors to vary upward from the guidelines range. Johnson fails to show an abuse of the district court’s discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). Accordingly, we AFFIRM.