IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 30, 2009
No. 08-50816
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
LAQUINCE THOMAS, also known as La-Quince De-France Thomas
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:03-CR-270-ALL
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
PER CURIAM:*
Laquince Thomas appeals the 24-month sentence imposed by the district
court following the revocation of his supervised release. He argues that the
sentence, which was the maximum allowed by statute and was above the
suggested range set forth by the Sentencing Guidelines, was greater than
necessary to achieve the sentencing goals of 18 U.S.C. § 3553. Thomas’s
sentence will be affirmed if it is neither unreasonable nor plainly unreasonable.
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-50816
See United States v. McKinney, 520 F.3d 425, 428 (5th Cir. 2008); United States
v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005).
In less than 18 months of supervised release, Thomas had multiple
positive drug tests, failed two attempts at drug rehabilitation, and was arrested
on three occasions. During his latest arrest, officers had to use a taser and
pepper spray to bring him under control. In addition, the district court
appropriately focused on Thomas’s unabated drug addiction and the
ineffectiveness of non-prison sanctions in treating that addiction. The sentence
was neither unreasonable nor plainly unreasonable.
AFFIRMED.
2