United States v. Cooper

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 22, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-40351
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NANCY KELLEY THETFORD COOPER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:02-CR-101-ALL
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Nancy Kelley Thetford Cooper appeals her sentence following
her guilty plea conviction of bank fraud. Cooper argues that the
district court abused its discretion in departing upward from the
Sentencing Guidelines range and that the district court erred in
refusing to group the present offense with an offense for which
Cooper had previously been sentenced. The district court did not
abuse its discretion, as the district court relied upon
*
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that this opinion should not be published and is not precedent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. 03-40351
-2-
permissible factors not already taken into consideration by the
Sentencing Guidelines in deciding to depart. See United States
v. Ravitch, 128 F.3d 865, 871 (5th Cir. 1997); U.S.S.G. § 4A1.3
(1998). The district court did not err in refusing to group the
present offense with an offense for which Cooper had previously
been sentenced. See United States v. Tolbert, 306 F.3d 244, 247-
48 (5th Cir. 2002).
AFFIRMED.