United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-30925
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRANCE TREMAINE GANT,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
(6:03-CR-60046-5)
--------------------
Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Terrance Tremaine Gant appeals the
sentence imposed following his guilty plea to conspiracy to possess
and distribute cocaine and cocaine base. Relying on United States
v. Cunningham, 429 F.3d 673 (7th Cir. 2005), he contends that the
district court erred as a matter of law in (1) imposing an
unreasonable guidelines sentence under the facts of his case and
*
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this opinion should not be published and is not precedent except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.
(2) doing so without first considering, in response to his request
for a sentence below the applicable range, whether a guidelines
sentence actually conformed to the statutory factors set forth in
18 U.S.C. § 3553.
We review sentences imposed post-Booker,1 only for
“unreasonableness.” United States v. Mares, 402 F.3d 511, 518 (5th
Cir.), cert. denied, 126 S. Ct. 43 (2005) (internal quotation marks
and citation omitted). Gant does not dispute that his sentence
fell within a correctly calculated guidelines range, and thus is
presumptively reasonable. United States v. Alonzo, 435 F.3d 551,
554 (5th Cir. 2006). As our review of the sentencing transcript
reveals that the district court meaningfully considered the § 3553
factors in fashioning Gant’s sentence, he has not rebutted that
presumption. See id. Gant’s reliance on Seventh Circuit authority
is therefore unpersuasive.
AFFIRMED.
1
United States v. Booker, 543 U.S. 220 (2005).
2