United States v. Boudreaux

* 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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
December 14, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-30635
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES G. BOUDREAUX, IV,
Defendant-Appellant.
__________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana, Lafayette
USDC No. 6:04-CR-60015-ALL
__________________________________________________
Before REAVLEY, STEWART and CLEMENT, Circuit Judges.
PER CURIAM:*
The sentence of Charles Boudreaux is affirmed for the following reasons:
1. The district judge gave full consideration to the evidence of the

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offense, the presentence report, the sentencing guidelines, and the
factors stated in Section 3553. Despite the strong argument of
appellant’s briefs, we do not read the judge to base the sentence on the
defendant’s privileged circumstances. Boudreaux assisted and
counseled undercover agents posing as investors on how to launder
money which he believed to be the proceeds of illegal activity. That is
a very serious course of conduct. The judge decided, with good
reason, that – with Boudreaux’s personal background and
circumstances – the explanation for the offense was not need or lack of
understanding of propriety but pure unrestrained greed. We see no
error or unreasonableness in the judge’s decision.
2. The Government did not violate the plea agreement when it presented
to the court accurate information bearing on defendant’s conduct.
3. Any failure to give the defendant advance notice of the ground being
contemplated for the sentence, pursuant to Rule 32(h), was not plain
error.
AFFIRMED.

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