Case: 18-10523 Document: 00515817979 Page: 1 Date Filed: 04/12/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 12, 2021
No. 18-10523
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Landon Gass,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:18-CR-6-4
Before Wiener, Southwick, and Duncan, Circuit Judges.
Per Curiam:*
Landon Gass appeals the prison sentence imposed following his guilty
plea to conspiracy to possess with intent to distribute a controlled substance.
Gass argues that his sentence is substantively unreasonable because the
methamphetamine Sentencing Guideline has evolved through congressional
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 18-10523 Document: 00515817979 Page: 2 Date Filed: 04/12/2021
No. 18-10523
mandates rather than through the Sentencing Commission’s examination of
empirical data, national experience, and expert opinions. As a result, he
contends that the Guideline lacks an empirical basis, it results in guidelines
ranges that are greater than necessary to determine the appropriate sentence,
and it produces overly severe sentences.
The Government moves for summary affirmance, asserting that the
issue is foreclosed. Alternatively, the Government moves for an extension of
time to file an appellate brief.
As Gass concedes, his issue is foreclosed by our precedent. See United
States v. Duarte, 569 F.3d 528, 530 (5th Cir. 2009); United States v.
Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir. 2009). Accordingly, the
judgment of the district court is AFFIRMED. The Government’s motion
for summary affirmance is GRANTED, and the alternative motion for an
extension of time to file an appellate brief is DENIED.
2