United States v. Rivere

* 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this opinion should not be published and is not precedent except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 10, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-30742
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH EDWARD RIVERE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:04-CR-81-1
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Before KING, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Kenneth Edward Rivere appeals his 150-month sentence
following his guilty-plea conviction for bank robbery. Rivere
avers that the district court erroneously departure upward and
that the extent of the departure was unreasonable.
Rivere has not shown that the district court’s decision to
upwardly depart at sentencing was either unreasonable or an abuse
of discretion. See United States v. Simkanin, 420 F.3d 397, 416
(5th Cir. 2005); United States v. Smith, 417 F.3d 483, 489 (5th

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No. 05-30742
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Cir. 2005). The district court’s decision to depart was grounded
in an acceptable basis. See 18 U.S.C. § 3553(a)(1). Further,
the departure itself was acceptable with respect to both
percentage and magnitude. See Smith, 417 F.3d at 492.
Consequently, the judgment is AFFIRMED.

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