Case: 12-31095 Document: 00512252142 Page: 1 Date Filed: 05/23/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 23, 2013
No. 12-31095
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICHAEL P. LATHAM,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:11-CR-320-1
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Michael P. Latham appeals the 21-month sentence imposed after he
pleaded guilty to attempting to transfer obscene materials to a minor. He argues
that the sentence is substantively unreasonable because it does not give due
weight to his personal circumstances and because it gives inordinate weight to
letters from his estranged wife and her father.
We presume that the sentence within the proper guideline range is
reasonable. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-31095 Document: 00512252142 Page: 2 Date Filed: 05/23/2013
No. 12-31095
Given the district court’s thorough consideration of the arguments, evidence, and
sentencing factors of 18 U.S.C. § 3553(a), Latham’s contentions are reduced to
a mere disagreement with the district court, and he thus fails to rebut the
presumption of reasonableness. See United States v. Ruiz, 621 F.3d 390, 398
(5th Cir. 2010). Latham’s invitation to substitute his assessment of the relevant
factors for the district court’s assessment is contrary to the deferential review
mandated by Gall v. United States, 552 U.S. 38, 46, 51 (2007). Accordingly, the
judgment of the district court is AFFIRMED.
2