United States v. Landry

* 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this opinion should not be published and is not precedent except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
February 27, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30618
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALLAN LANE LANDRY, SR., also known as Allan Lane Landry,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:05-CR-20127
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Allan Lane Landry, Sr., was convicted after pleading guilty
to transmission of child pornography and attempted distribution
of obscene material to a minor. He now appeals his 355-month
sentence, arguing that the sentence is unreasonable.
The district court properly calculated Landry’s advisory
range of 235 to 293 months of imprisonment under U.S.S.G.
§ 2G2.2(a)(2). The district court then upwardly departed two
levels pursuant to U.S.S.G. § 2G2.2, comment. (n.6) based on
Landry’s admission that he had inappropriately fondled a minor.

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No. 06-30618
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“An upward departure by a district court is not an abuse of
discretion if the court’s reasons for departing 1) advance the
objectives set forth in 18 U.S.C. § 3553(a)(2) and 2) are
justified by the facts of the case.” United States v. Zuniga-
Peralta, 442 F.3d 345, 347 (5th Cir.) (internal quotation marks
and citation omitted), cert. denied, 126 S. Ct. 2954 (2006). The
upward departure meets those criteria. The extent of the
departure, approximately 20 percent greater than Landry’s 293
month guidelines maximum, is also reasonable. See e.g., United
States v. Smith, 417 F.3d 483, 492-93 (5th Cir.), cert. denied,
126 S. Ct. 713 (2005). The judgment of the district court is
AFFIRMED.

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