United States v. Johnson

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 21, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 07-30023
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JEFFREY JOHNSON
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:06-CR-20013
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jeffrey Johnson pleaded guilty to possession of child pornography and
received a sentence of 120 months in prison. On appeal, he argues that the
presumption of reasonableness given by this court to sentences within the
advisory range of the Sentencing Guidelines returns the Guidelines to the
unconstitutional mandatory status they held before United States v. Booker,
543 U.S. 220 (2005). The presumption used by this court does not violate the
*
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should not be published and is not precedent except under the limited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.
No. 07-30023
Sixth Amendment. Rita v. United States, 127 S. Ct. 2456, 2462-68 (2007). The
judgment of the district court is AFFIRMED.
2