United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 23, 2006
Charles R. Fulbruge III
Clerk
No. 06-30281
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN B. CORLEY,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:05-CR-50083
Before GARWOOD, CLEMENT and PRADO, Circuit Judges.
PER CURIAM:*
John B. Corley appeals the sentence imposed following his
post-Booker conviction of theft of firearms that were transported
in interstate commerce, transporting stolen firearms in interstate
commerce, possession of stolen firearms that were transported in
interstate commerce, and possession of a firearm by a convicted
felon. Corley argues for the first time on appeal that the non-
*
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opinion should not be published and is not precedent except under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.
Guidelines sentence imposed by the district court was unreasonable
because the district court based its decision on general
dissatisfaction with the Guidelines. He also argues that the
Guidelines adequately accounted for his criminal behavior.
The record indicates that the district court correctly
calculated the Guidelines range and used the Guidelines as a frame
of reference.** See United States v. Smith, 440 F.3d 704, 707 (5th
Cir. 2006). The district court, troubled by Corley’s extensive
criminal history (29 criminal history points) and the facts of his
offenses, articulated reasons that were consistent with 18 U.S.C.
§ 3553(a) for imposing a non-Guidelines sentence. See id.
Moreover, given the seriousness of Corley’s criminal history and
offense conduct as found by the district court, the extent of the
deviation was not unreasonable. See United States v. Smith, 417
F.3d 483, 491-93 and n.40-42 (5th Cir.), cert. denied, 126 S.Ct.
713 (2005).
Corley fails to meet his burden of showing that the district
court’s non-Guidelines sentence, which was imposed after United
States v. Booker, 543 U.S. 220 (2005), was error, plain or
otherwise. See United States v. Jones, 444 F.3d 430, 434-36 (5th
Cir.), cert. denied, 126 S.Ct. 2958 (2006).
AFFIRMED.
**
It does not reflect any general dissatisfaction with the
offense Guidelines.
2