United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-30540
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HENRY ALFRED THOMAS, also known as Chris, also known as
Sweet Black,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:02-CR-60072-1
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Before REAVLEY, HIGGINBOTHAM and CLEMENT, Circuit Judges.
PER CURIAM:*
Henry Alfred Thomas appeals the post-Booker** sentence
imposed by the district court upon his conviction for
distribution of crack cocaine. See 21 U.S.C. § 841. He argues
that the district court’s imposition of the maximum guideline
sentence of 210 months was unreasonable in light of the
Government’s motion for downward departure pursuant to U.S.S.G.
§ 5K1.1 based on his substantial assistance.
*
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this opinion should not be published and is not precedent except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 v. Booker, 543 U.S. 220 (2005).
No. 05-30540
-2-
Thomas has failed to rebut the presumption of reasonableness
afforded his properly calculated guideline sentence. United
States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006).
AFFIRMED.