United States v. Favorite

* 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this opinion should not be published and is not precedent except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
November 8, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-31151
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARL V. FAVORITE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:05-CR-98
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Carl V. Favorite appeals his guilty-plea conviction and
sentence for possession of a firearm by a convicted felon in
violation of 18 U.S.C. § 922(g)(1). He contends that the
sentence imposed was unreasonable because it failed to reflect
the unusual lack of seriousness of the offense.
Favorite does not challenge the district court’s calculation
of the guideline range. The district court considered the
Sentencing Guidelines, along with the sentencing factors set
forth in 18 U.S.C. § 3553(a), and determined that a sentence at

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No. 05-31151
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the top of the guideline range was appropriate. Therefore,
Favorite’s sentence within the properly calculated guideline
range was presumptively reasonable, and he has failed to
demonstrate that his sentence was unreasonable. See United
States v. Alonzo, 435 F.3d 551, 554-55 (5th Cir. 2006).
AFFIRMED.

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