United States v. Williams

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 11, 2006 Charles R. Fulbruge III Clerk No. 05-50405 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus YURIANA WILLIAMS, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-1935-ALL -------------------- Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. PER CURIAM:* Yuriana Williams appeals her total 37-month sentence imposed following a guilty plea to conspiracy to import marijuana, importation of marijuana, conspiracy to possess with intent to distribute marijuana, and possession with intent to distribute marijuana. Williams argues that her sentence is unreasonable because the district court failed to account for her history 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-50405 -2- characteristics in imposing sentence. See 18 U.S.C. § 3553(a)(1). Under the discretionary sentencing scheme established by United States v. Booker, 543 U.S. 220 (2005), district courts retain the duty to consider the Sentencing Guidelines along with the sentencing factors set forth in § 3553(a). United States v. Mares, 402 F.3d 511, 518-19 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). Williams’s sentence is with the guidelines range and is presumptively reasonable. See United States v. Alonzo, 435 F.3d 551, 553-55 (5th Cir. 2006). We infer in our reasonableness review that the district court considered the § 3553(a) factors, including Williams’s history and characteristics, in imposing sentence. See United States v. Smith, ___ F.3d ___, No. 05-30313, 2006 WL 367011 at *2 (5th Cir. Feb. 17, 2006); Alonzo, 435 F.3d at 554. AFFIRMED.