United States v. Green

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40382
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RAY GREEN,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:18-CR-1388-1

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*

Ray Green appeals the within-guidelines sentence of 210 months of
imprisonment imposed following his guilty-plea convictions for conspiring to
possess with intent to distribute more than 50 grams of methamphetamine and
possessing a firearm in relation to a drug trafficking crime. He contends that
the district court failed to consider the 18 U.S.C. § 3553(a) factors.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
April 6, 2020

Lyle W. Cayce
Clerk
Case: 19-40382 Document: 00515373518 Page: 1 Date Filed: 04/06/2020

No. 19-40382
2
Because he did not raise this alleged procedural error in the district
court, we review for plain error only. United States v. Mondragon-Santiago,
564 F.3d 357, 361-62 (5th Cir. 2009). As Green’s sentence falls within the
applicable guidelines range, we infer that the district court considered the
§ 3553(a) factors. United States v. Mares, 402 F.3d 511, 519-20 (5th Cir. 2005).
Moreover, Green does not even attempt, and thus fails, to show plain error.
See Puckett v. United States, 556 U.S. 129, 135 (2009).
AFFIRMED.
Case: 19-40382 Document: 00515373518 Page: 2 Date Filed: 04/06/2020