IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 26, 2009
No. 08-60918
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DERRICK DEMOND BRANCH, also known as Dedrick Demon Branch
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:07-CR-189-1
Before REAVLEY, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Derrick Demond Branch appeals his 180-month sentence following his
guilty plea conviction for carjacking. See 18 U.S.C. § 2119. Branch argues that
the district court erred by imposing a higher non-guidelines sentence based on
factors already accounted for in the guidelines calculations.
The district court was not precluded from imposing a departure or
variance based on factors that the Guidelines had already taken into account.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-60918
See United States v. Brantley, 537 F.3d 347, 350 (5th Cir. 2008); United States
v. Williams, 517 F.3d 801, 810-11 (5th Cir. 2008).
AFFIRMED.
2