Summary Calendar UNITED STATES OF AMERICA v. Rebecca Annette Evans

07-30147Court of Appeals for the Fifth Circuit26 nov. 2007

Texte intégral

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30147
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
REBECCA ANNETTE EVANS
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:06-CR-50146-1
Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit
Judges.
PER CURIAM:*
Rebecca Annette Evans appeals her sentence following a guilty plea to
mail theft and to two counts of mail fraud. The district court deviated from the
sentencing guidelines range of 12 to 18 months and sentenced Evans to
concurrent 36-month terms of imprisonment as to each count. Evans argues
that her sentence is unreasonable because it is based on the district court’s
United States Court of Appeals
Fifth Circuit
F I L E D
November 26, 2007
Charles R. Fulbruge III
Clerk

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No. 07-30147
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“generalized disenchantment” with the Sentencing Guidelines rather than on
specific facts relevant to Evans and her offense.
To the contrary, the record shows that the deviation from the Guidelines
was based on the district court’s consideration of the nature and circumstances
of the offense, Evans’s personal history and characteristics, the need to deter
Evans from future criminal conduct, and the need to provide just punishment for
the offense. See 18 U.S.C. § 3553(a). Accordingly, we conclude that Evans’s
non-guidelines sentence was reasonable and that the extent of the deviation
from the Guidelines was within the discretion of the district court. United States
v. Smith, 440 F.3d 704, 706 (5th Cir. 2006); United States v. Armendariz,
451 F.3d 352, 358-59 & 358 n.5 (5th Cir. 2006).
AFFIRMED.

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