United States v. Harrell

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10362
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BARRY LALANE HARRELL,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:11-CR-196-5

Before JONES, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
*

Barry Lalane Harrell appeals the 24-month sentence of imprisonment
imposed following the revocation of his supervised release. He contends that
the sentence is substantively unreasonable because the district court failed to
adequately consider his history and characteristics, focused solely on his
criminal history, and imposed a sentence above the advisory policy range
without adequate justification.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
January 23, 2020

Lyle W. Cayce
Clerk
Case: 19-10362 Document: 00515283058 Page: 1 Date Filed: 01/23/2020

No. 19-10362
2
The record reflects that the district court heard Harrell’s arguments for
leniency based on his history and characteristics and implicitly considered
those arguments but determined that the 24-month sentence was appropriate
based on the applicable 18 U.S.C. § 3553(a) factors, in view of Harrell’s
criminal history and supervised release violations. We must give due
deference to the district court’s sentencing decision and decline to reweigh the
applicable § 3553(a) factors. See Gall v. United States, 552 U.S. 38, 51 (2007).
With respect to challenges to substantive reasonableness, we have
routinely upheld revocation sentences exceeding the advisory policy range,
even where, as here, the sentence equals the statutory maximum. United
States v. Warren, 720 F.3d 321, 332 (5th Cir. 2013). Under the totality of the
circumstances, the sentence in this case was not an abuse of discretion. See id.
AFFIRMED.
Case: 19-10362 Document: 00515283058 Page: 2 Date Filed: 01/23/2020