United States v. Danny Bradham , 635 F. App'x 154 ( 2016 )

Case: 15-30531 Document: 00513403762 Page: 1 Date Filed: 03/02/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-30531
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 2, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff–Appellee,
v.
DANNY R. BRADHAM,
Defendant–Appellant.
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 5:12-CR-302-1
Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Danny R. Bradham appeals from the revocation of the term of supervised
release imposed pursuant to his prior conviction for theft of United States
property. He argues only that the 12-month, within-guidelines revocation
sentence imposed was substantively unreasonable in light of 18 U.S.C.
§ 3553(a) given that he has been diagnosed as suffering from a
substance-induced mood disorder, and his incarceration, which he asserts is
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-30531 Document: 00513403762 Page: 2 Date Filed: 03/02/2016
No. 15-30531
financially costly to society, will only impede his mental progress and make it
more likely that he will become homeless upon his release.
We review preserved challenges to revocation sentences under a plainly
unreasonable standard, pursuant to which, when there is no procedural error,
we “consider the substantive reasonableness of the sentence imposed under an
abuse-of-discretion standard.” United States v. Miller, 634 F.3d 841, 843 (5th
Cir. 2011) (internal quotation marks and citation omitted). We apply a
rebuttable presumption of reasonableness to a within-guidelines revocation
sentence. United States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008)
(per curiam).
Bradham’s mere disagreement with the district court’s weighing of the
§ 3553(a) factors is insufficient to overcome the presumption of reasonableness.
See United States v. Alvarado, 691 F.3d 592, 597 (5th Cir. 2012). He essentially
asks this court to reweigh the § 3553(a) factors, which is not within the scope
of this court’s review. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
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