United States v. Thomas

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. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:02-CR-60072-1 -------------------- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.