Case: 19-10109 Document: 00515124293 Page: 1 Date Filed: 09/19/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-10109 September 19, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROBERT KEITH KINSEY,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-251-1
Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Robert Keith Kinsey challenges the 18-month above-range sentence that
the district court imposed upon the revocation of his supervised release.
Kinsey argues that his sentence is procedurally unreasonable because the
district court initially pronounced a sentence that was at the bottom of the
guidelines policy statement range, based on a misunderstanding of that range,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 19-10109 Document: 00515124293 Page: 2 Date Filed: 09/19/2019
No. 19-10109
and, once advised of the correct range, impermissibly and inexplicably imposed
the same sentence, which was then above the policy statement range.
Contrary to Kinsey’s assertions, the district court explicitly considered
the appropriate factors under 18 U.S.C. § 3553(a), including the proper
advisory range of imprisonment. See United States v. Winding, 817 F.3d 910,
913 (5th Cir. 2016); United States v. Miller, 634 F.3d 841, 843-44 (5th Cir.
2011); United States v. Mathena, 23 F.3d 87, 90-93 (5th Cir. 1994). Further,
the district court adequately explained the above-range sentence. See United
States v. Fraga, 704 F.3d 432, 437-39 (5th Cir. 2013); United States
v. Whitelaw, 580 F.3d 256, 261-62 (5th Cir. 2009). Thus, Kinsey fails to show
error, plain or otherwise. See Winding, 817 F.3d at 913.
AFFIRMED.
2