United States v. Ray Green ( 2020 )

Case: 19-40382 Document: 00515373518 Page: 1 Date Filed: 04/06/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 19-40382 FILED
Summary Calendar April 6, 2020
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAY GREEN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:18-CR-1388-1
Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Ray Green appeals the within-guidelines sentence of 210 months of
imprisonment imposed following his guilty-plea convictions for conspiring to
possess with intent to distribute more than 50 grams of methamphetamine and
possessing a firearm in relation to a drug trafficking crime. He contends that
the district court failed to consider the 18 U.S.C. § 3553(a) factors.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-40382 Document: 00515373518 Page: 2 Date Filed: 04/06/2020
No. 19-40382
Because he did not raise this alleged procedural error in the district
court, we review for plain error only. United States v. Mondragon-Santiago,
564 F.3d 357, 361-62 (5th Cir. 2009). As Green’s sentence falls within the
applicable guidelines range, we infer that the district court considered the
§ 3553(a) factors. United States v. Mares, 402 F.3d 511, 519-20 (5th Cir. 2005).
Moreover, Green does not even attempt, and thus fails, to show plain error.
See Puckett v. United States, 556 U.S. 129, 135 (2009).
AFFIRMED.
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