United States v. Cantone

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 2, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-50889
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH CANTONE,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(6:05-CR-186-2)
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Joseph Cantone appeals his sentence, following his guilty-plea
conviction for conspiracy to distribute at least 50 grams of
methamphetamine. Although Cantone concedes his sentence is
reviewed for reasonableness under this court’s post-Booker
precedent, e.g., United States v. Mares, 402 F.3d 511, 520 (5th
Cir. 2005), he asserts the presumption-of-reasonableness standard
is unconstitutional. Needless to say, absent changed, controlling
authority, a panel of this court is bound by our circuit’s

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precedent. E.g., United States v. Short, 181 F.3d 620, 624 (5th
Cir. 1999).
Cantone further contends his 210 month sentence, which was at
the bottom of the guideline range, is unreasonable under 18 U.S.C.
§ 3553(a) because it is greater than necessary to achieve the
sentencing goals. Cantone has not shown his sentence is
unreasonable. See Mares, 402 F.3d at 519.
AFFIRMED

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