Case: 10-50824 Document: 00511603921 Page: 1 Date Filed: 09/15/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 15, 2011
No. 10-50824
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROBERT LEE GREEN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:06-CR-110-2
Before KING, SMITH, and GRAVES, Circuit Judges.
PER CURIAM:*
Robert Lee Green appeals the 18-month prison sentence he received upon
the revocation of his supervised release. He argues that the district court failed
to provide sufficient reasons for the above-guidelines sentence. He did not object
in the district court; thus, our review is for plain error only. See United States
v. Whitelaw, 580 F.3d 256, 259-60 (5th Cir. 2009).
Although the district court’s failure to provide specific reasons for the
above-guidelines sentence is a clear, obvious error, see id. at 261-62, Green has
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50824 Document: 00511603921 Page: 2 Date Filed: 09/15/2011
No. 10-50824
not shown reversible plain error because he has not established that this error
affects his substantial rights or the public reputation of the proceedings. See
Puckett v. United States, 129 S. Ct. 1423, 1429 (2009). Green has not asserted,
much less shown, how a more thorough explanation would have resulted in a
shorter sentence, and there is no suggestion in the record that the district court
considered any improper factor or would impose a different sentence on remand.
Whitelaw, 580 F.3d at 261-62, 264. Accordingly, the judgment of the district
court is AFFIRMED.
2