United States v. James Wilks ( 2018 )

Case: 17-10551 Document: 00514421048 Page: 1 Date Filed: 04/09/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-10551
FILED
April 9, 2018
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
JAMES WILKS,
Defendant - Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:08-CR-106-1
Before BARKSDALE, OWEN, and WILLETT, Circuit Judges.
PER CURIAM: *
James Wilks challenges his above-Guidelines sentence of 18-months’
imprisonment, imposed following revocation of his supervised release: he
claims the sentence is “plainly unreasonable”. Because he preserved the issue
in district court, his challenge is reviewed under the above-referenced “plainly
unreasonable” standard. United States v. Warren, 720 F.3d 321, 326 (5th Cir.
2013); United States v. Miller, 634 F.3d 841, 843 (5th Cir. 2011).
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.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: 17-10551 Document: 00514421048 Page: 2 Date Filed: 04/09/2018
No. 17-10551
Wilks contends the court refused to consider his personal history and
characteristics. That assertion, however, is belied by the record: Wilks
admitted violating six of the conditions of his supervised release. His claims
essentially amount to a disagreement with the court’s assessment of, inter alia,
the 18 U.S.C. § 3553(a) sentencing factors, which we will not reweigh. Gall v.
United States, 552 U.S. 38, 51 (2007). In short, Wilks fails to show his sentence
is plainly unreasonable. Miller, 634 F.3d at 843; United States v. Whitelaw,
580 F.3d 256, 261–65 (5th Cir. 2009); e.g., United States v. Kippers, 685 F.3d
491, 500–01 (5th Cir. 2012).
AFFIRMED.
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