United States v. Belvin ( 2023 )

Case: 22-60355 Document: 00516658675 Page: 1 Date Filed: 02/28/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-60355
FILED
February 28, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Frederick Belvin,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:21-CR-30-1
______________________________
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam: *
Frederick Belvin appeals the 151-month sentence imposed following
his guilty plea to distributing cocaine. He argues that the sentence is
substantively unreasonable, and our review is for abuse of discretion. See
Holguin-Hernandez v. United States, 140 S. Ct. 762, 766-67 (2020); Gall v.
United States, 552 U.S. 38, 51-52 (2007).
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60355 Document: 00516658675 Page: 2 Date Filed: 02/28/2023
No. 22-60355
Belvin has failed to make the showing required to rebut the
presumption of reasonableness that applies to his within-guidelines sentence.
See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009). The district
court considered his medical conditions at sentencing but explained why his
criminal history and the facts of this case did not warrant a downward
variance given the purposes of sentencing. Belvin’s arguments on appeal
essentially urge us to reweigh the sentencing factors, which we will not do.
See United States v. Hernandez, 876 F.3d 161, 167 (5th Cir. 2017).
AFFIRMED.
2