United States v. Schuman ( 2022 )

Case: 21-51113 Document: 00516376417 Page: 1 Date Filed: 06/29/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 29, 2022
No. 21-51113
Lyle W. Cayce
Summary Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
Andy Thomas Schuman,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:09-CR-53-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
Defendant-Appellant Andy Thomas Schuman appeals the sentence
imposed on revocation of his supervised release. The district court sentenced
him to a term of 30 months in prison, substantially above the advisory 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opinion should not be published and is not precedent except under the limited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: 21-51113 Document: 00516376417 Page: 2 Date Filed: 06/29/2022
No. 21-51113
of 12 to 18 months. Schuman contends that this sentence is unreasonable
because it fails to reflect consideration of mitigating factors.
Applying the “plainly unreasonable” standard, United States v.
Warren, 720 F.3d 321, 326 (5th Cir. 2013) (quoting United States v. Miller,
634 F.3d 841, 843 (5th Cir. 2011)), we conclude that Schuman’s contention
is without merit. The record reflects that the district court considered the
information before it, including Schuman’s testimony and allocution, and
Schuman fails to demonstrate that the court committed a clear error of
judgment or otherwise reversibly erred in balancing the sentencing factors.
See id. at 332.
AFFIRMED.
2