United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 1, 2007
Charles R. Fulbruge III
Clerk
No. 06-50325
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
XAVIER JONQUE WHEELER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:03-CR-391
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Xavier Jonque Wheeler appeals his 322-month sentence for
attempting to manufacture 50 grams or more of crack cocaine,
possessing with intent to distribute cocaine, possessing a
firearm in furtherance of a drug crime, and being a felon in
possession of a firearm. Wheeler argues that his sentence is
unreasonable because it is based on judge-found facts rather than
facts that he admitted or that were found by a jury.
The district court is allowed to find facts and is required
to determine a defendant’s proper guideline range of imprisonment
*
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this opinion should not be published and is not precedent except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. 06-50325
-2-
before sentencing him. United States v. McKinney, 406 F.3d 744,
746-47 (5th Cir. 2005). Wheeler’s sentence was within a properly
calculated advisory guideline range and is entitled to great
deference. See United States v. Mares, 402 F.3d 511, 520 (5th
Cir. 2005). Giving such deference to Wheeler’s sentence, and
recognizing that the sentencing court considered all the factors
for a fair sentence under § 3553(a), we conclude that Wheeler has
failed to demonstrate that his sentence was unreasonable. See
id. at 519-20. The judgment of the district court is AFFIRMED.