United States Court of Appeals, Fifth CircuitAug 22, 2008
290 Fed. Appx. 719 (5th Cir. 2008)

No. 07-10946, Summary Calendar.

August 22, 2008.

Camille Elizabeth Sparks, U.S. Attorney's Office Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Gary D. Smart, Robinson Smart, Arlington, TX, for Defendant-Appellant.

Appeal from the United States District Court, Northern for the District of Texas, USDC No. 4:07-CR-3-14.


Byron Chrisenberry appeals his 240-month sentence following his guilty plea for conspiracy to distribute and possess with the intent to distribute more than 500 grams of methamphetamine. Chrisenberry avers that his sentence is unreasonable because the district court failed to consider as required by 18 U.S.C. § 3553(a)(6) whether the sentence imposed resulted in an unwarranted sentencing disparity between himself and his codefendants. Because the district court correctly calculated and reviewed Chrisenberry's guidelines range, the court "necessarily gave significant weight and consideration to the need to avoid unwarranted disparities." See Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 599, 169 L.Ed.2d 445 (2007). The fact that Chrisenberry's sentence was within the pertinent guidelines range reduces this court's concern with sentencing disparities to a "minimum." See United States v. Willingham, 497 F.3d 541, 545 (5th Cir. 2007). Moreover, the district court was aware of the sentences of the codefendants, who had cooperated with the Government and received downward departures.