United States of America v. Patrick Stewart

*
Honorable Jane A. Restani, Chief Judge of the United
States Court of International Trade, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-5161
UNITED STATES OF AMERICA,
v.
PATRICK STEWART,
Appellant
Appeal from the
United States District Court for the
District of New Jersey
(D.C. No. 00-cr-00384-03)
District Judge: Honorable Robert B. Kugler
Submitted Under Third Circuit LAR 34.1(a)
December 11, 2007
Before: SLOVITER, AMBRO, Circuit Judges, and RESTANI *, Judge
(Filed: December 17, 2007)
OPINION
RESTANI, Judge.

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This appeal challenges a sentence imposed after a remand for resentencing under
United States v. Booker, 543 U.S. 220 (2005). We find the sentence imposed reasonable
and will affirm the judgment of the District Court.
Defendant Patrick Stewart does not challenge the determination reached in
calculating a recommended sentence under the United States Sentencing Guidelines. The
calculated Guidelines range was 121 to 151 months. Rather, the claim is that in imposing
the same 120-month total sentence that was imposed before remand, the District Court
acted unreasonably because the Court failed to take into account the factors set forth in
18 U.S.C. § 3553(a). It is alleged that the District Court artificially recited the factors.
Stewart notes his minimal participation in the drug distribution conspiracy that led to his
conviction and his lack of a criminal history.
At sentencing, the District Court recited the appropriate standards and displayed an
understanding of Stewart’s role in the offenses of conviction. The Court also clearly
recognized Stewart’s lack of a prior criminal history and expressly took that into account
in arriving at the sentence finally imposed.
The record reflects a careful consideration of the 18 U.S.C. § 3553(a) factors and
we perceive no artificial application of the statute. Unlike some factual situations
discussed in Stewart’s brief, he is a fairly young man who had an active role in a large
drug distribution conspiracy. The sentence imposed was not unreasonable and we will
affirm.

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