From Casetext: Smarter Legal Research

U.S. v. King

United States Court of Appeals, Fifth Circuit
Apr 17, 2007
225 F. App'x 250 (5th Cir. 2007)

Opinion

No. 05-51451 Summary Calendar.

April 17, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Stanley Lee Schwieger, Law Offices of Stan Schwieger, Waco, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 6:05-CR-74-ALL.

Before DeMOSS, STEWART, and PRADO, Circuit Judges.


Jacque Deshawn King, Sr. appeals the sentence imposed following his guilty-plea conviction for possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He argues that the district court erred in imposing a federal sentence to run consecutively to a not-yet-imposed state sentence. We have held that such a sentence is proper under 18 U.S.C. § 3584(a) and U.S.S.G. § 5G1.3, (p.s.). United States v. Brown, 920 F.2d 1212, 1217 (5th Cir. 1991). Therefore, King's argument is foreclosed by Brown.

King argues that the sentence imposed by the district court was unreasonable. The sentence imposed by the district court is accorded "great deference" because it was the Guidelines sentence imposed pursuant to U.S.S.G. § 5G1.1(a). See United States v. Mares, 402 F.3d 511, 519 (5th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005). King does not argue that the district court misapplied the Guidelines or miscalculated the applicable Guideline range. King's argument that the consecutive sentence could result in a sentencing disparity is based on speculation as King has not shown that his sentence was more severe than similarly-situated defendants nationwide. See United States v. Duhon, 440 F.3d 711, 721 (5th Cir. 2006), petition for cert. filed, (U.S. May 18, 2006) (No. 05-11144). King has not shown that the sentence imposed by the district court was unreasonable. See Mares, 402 F.3d at 519.

AFFIRMED.


Summaries of

U.S. v. King

United States Court of Appeals, Fifth Circuit
Apr 17, 2007
225 F. App'x 250 (5th Cir. 2007)
Case details for

U.S. v. King

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Jacque Deshawn KING, Sr.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 17, 2007

Citations

225 F. App'x 250 (5th Cir. 2007)

Citing Cases

U.S. v. King

In a concurrently filed memorandum disposition, we deal with these contentions. See United States v. King,…

King v. United States

Jacque KING, petitioner, v. UNITED STATES.Case below, 225 Fed.Appx. 250. Petition for writ of certiorari to…