United States v. Hill ( 2021 )


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  • Case: 20-10878      Document: 00515913534          Page: 1     Date Filed: 06/24/2021
    United States Court of Appeals
    for the Fifth Circuit                                United States Court of Appeals
    Fifth Circuit
    FILED
    June 24, 2021
    No. 20-10878
    Lyle W. Cayce
    Summary Calendar
    Clerk
    United States of America,
    Plaintiff—Appellee,
    versus
    Chansellor Ormon Hill,
    Defendant—Appellant.
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:20-CR-35-1
    Before Clement, Higginson, and Engelhardt, Circuit Judges.
    Per Curiam:*
    Chansellor Ormon Hill appeals the 240-month sentence imposed by
    the district court following his guilty-plea conviction of sexual exploitation of
    children. The sentence fell below the applicable guidelines range.
    *
    Pursuant to 5th Circuit Rule 47.5, the court has determined that this
    opinion should not be published and is not precedent except under the limited
    circumstances set forth in 5th Circuit Rule 47.5.4.
    Case: 20-10878      Document: 00515913534           Page: 2    Date Filed: 06/24/2021
    No. 20-10878
    Even if the Government made a clearly erroneous statement at
    sentencing regarding the unavailability of civil commitment during
    supervised release, Hill fails to show that the district court procedurally erred
    by sentencing him based upon that statement. See Gall v. United States, 
    552 U.S. 38
    , 49-51 (2007). We presume that Hill’s below-guidelines sentence is
    substantively reasonable, see United States v. Simpson, 
    796 F.3d 548
    , 557 (5th
    Cir. 2015), and his mere disagreement with the district court’s balancing of
    the 
    18 U.S.C. § 3553
    (a) factors is not sufficient to rebut that presumption, see
    United States v. Koss, 
    812 F.3d 460
    , 472 (5th Cir. 2016). Hill fails to show
    that the district court abused its discretion by imposing a substantively
    unreasonable sentence. See Gall, 
    552 U.S. at 51
    .
    AFFIRMED.
    2
    

Document Info

Docket Number: 20-10878

Filed Date: 6/24/2021

Precedential Status: Non-Precedential

Modified Date: 6/25/2021