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U.S. v. Adair

United States Court of Appeals, Fifth Circuit
Jan 3, 2007
No. 06-30320 Summary Calendar (5th Cir. Jan. 3, 2007)

Opinion

No. 06-30320 Summary Calendar.

January 3, 2007.

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:03-CR-16-1.

Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.


Harry Adair was sentenced to a 240-month term of imprisonment and a three-year term of supervised release for money laundering. Adair's sentence was vacated on appeal, and the matter was remanded for resentencing. See United States v. Adair, 436 F.3d 520, 527-29 (5th Cir. 2006). On remand, the district court again imposed a 240-month term of imprisonment. Adair now appeals, challenging his sentence.

Adair contends that the district court unconstitutionally applied the Sentencing Guidelines in a mandatory manner, in violation of the Supreme Court's ruling in United States v. Booker, 543 U.S. 220 (2005). He notes that his sentence upon resentencing is substantially harsher than the 51-month alternative sentence the district court imposed at his original sentencing hearing. A review of the district court's statements at sentencing show that the court was aware of the advisory nature of the Guidelines and that it adequately considered the 18 U.S.C. § 3553(a) factors when reimposing a 240-month sentence. See United States v. Mares, 402 F.3d 511, 518-19 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). Moreover, Adair's sentence, within the applicable guidelines range, is presumed to be reasonable. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006).

Adair also contends that this court's presumption of reasonableness, set forth in Alonzo, is inconsistent with Booker. He concedes that he is raising this claim solely to preserve it for further review. This court is bound by its precedent absent an intervening Supreme Court decision or a subsequent en banc decision. See United States v. Short, 181 F.3d 620, 624 (5th Cir. 1999). The judgment of the district court is thus AFFIRMED.


Summaries of

U.S. v. Adair

United States Court of Appeals, Fifth Circuit
Jan 3, 2007
No. 06-30320 Summary Calendar (5th Cir. Jan. 3, 2007)
Case details for

U.S. v. Adair

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. HARRY H. ADAIR…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 3, 2007

Citations

No. 06-30320 Summary Calendar (5th Cir. Jan. 3, 2007)