United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 29, 2007
Charles R. Fulbruge III
Clerk
No. 06-31090
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALLAN MARTIN BENNETT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:05-CR-20203-1
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Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.
PER CURIAM:*
Allan Martin Bennett appeals the 132-month sentence he
received following his guilty-plea conviction for conspiracy to
possess and distribute more than five kilograms of cocaine, in
violation of 21 U.S.C. § 846. He challenges the presumption of
reasonableness that attaches to a sentence imposed within a
properly calculated guidelines range, relying on the Supreme
Court’s grant of certiorari in Rita v. United States, 127 S. Ct.
551 (2006). Because an intervening Supreme Court case explicitly
or implicitly overruling prior precedent is required to alter
*
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this opinion should not be published and is not precedent except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. 06-31090
-2-
this court’s precedent, the grant of certiorari in Rita has no
impact on this court’s precedent. See United States v. Short,
181 F.3d 620, 624 (5th Cir. 1999). And now the Supreme Court has
decided Rita, ___ S.Ct. ___ 2007 WL 1772146 (June 21, 2007),
upholding the rule of this court.
Bennett’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). But aside
from that deference, because of this record and because the
sentencing court considered all the factors for a fair sentence
under 18 U.S.C. § 3553(a), we conclude that Bennett has failed to
demonstrate that his sentence was unreasonable. See id. at 519-
20. The judgment of the district court is AFFIRMED.