Summary Calendar UNITED STATES OF AMERICA v. Marie Ferdette Arnaud Cart

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-30269
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MARIE FERDETTE ARNAUD CART
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:05-CR-60052-1
Before JOLLY, DAVIS, and DeMOSS, Circuit Judges.
PER CURIAM:*
Marie Ferdette Arnaud Cart pleaded guilty to mail fraud. The district
court, after considering the 18 U.S.C. § 3553 factors, determined that the 18 to
24 month advisory guideline range would not provide adequate punishment and
instead imposed a non-guideline sentence of 36 months of imprisonment.
Cart argues that the sentence is excessive and unreasonable and that the
district court erroneously based its sentencing variance on aggravating
circumstances that were already taken into consideration by the Guidelines.
United States Court of Appeals
Fifth Circuit
F I L E D
December 20, 2007
Charles R. Fulbruge III
Clerk

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No. 07-30269
2
Cart’s sentence is reasonable under § 3553(a) because the district court
used the properly calculated advisory Sentencing Guidelines as a frame of
reference, identified appropriate reasons for the sentencing variance, and made
factual findings to support its sentencing determination. See United States v.
Smith, 440 F.3d 704, 710 (5th Cir. 2006). The judgment of the district court is
affirmed.
AFFIRMED.

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