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United States v. Hosie James, Iii

UNITED STATES of America, Plaintiff-Appellee, v. Hosie JAMES, III, A/K/A James Hosie, III, Defendant-Appellant

United States v. Hosie James, Iii, 46 F.3d 407 (5th Cir. 1995)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 16, 1995
Docket
No. 93-2516
Judges
Politz, Higginbotham, Demoss
Citations
46 F.3d 4071995 WL 63150

Opinion — Per Curiam

PER CURIAM:

Hosie James, III, was convicted of possession with intent to distribute over 50 grams of crack cocaine. The probation officer determined that James’ guidelines sentence range was 151-to-188 months. The district court adopted the PSR and sentenced James to a term of 160 months. James argues that the district court failed to supply adequate reasons for choosing the 160-month sentence.

By statute a sentencing court must consider the nature and circumstances of the offense and the history and characteristics of the defendant; the need for punishment, deterrence, public protection and rehabilitation; the available sentences; the guidelines and policy statements issued by the Sentencing Commission; the need for consistency in sentencing; and the need for restitution. 18 U.S.C. § 3553 (a).

If a defendant’s guidelines sentencing range exceeds twenty-four months, the district court must state in open court its reasons for the particular sentence that it has imposed. 18 U.S.C. § 3553 (c)(1). The sentencing court is to link the pertinent facts to the relevant statutory factor[s] supporting the sentence imposed.

United States v. Duran, 37 F.3d 557, 560-61 (9th Cir.1994);

United States v. Rosa, 11 F.3d 315, 344-35 (2nd Cir.1993), cert. denied — U.S. -, -, 114 S.Ct. 1565 , 1864, 128 L.Ed.2d 211 , 485 (1994); 18 U.S.C. § 3553 (a).

James did not object to the district court’s allegedly inadequate reasons for imposing a 160-month sentence. Therefore, we review for plain error.

United States v. Calverley, 37 F.3d 160, 162 (5th Cir.1994) (en *408 banc). The requirements enunciated in Cal-verley have' not been met.

AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2000: 12004: 12005: 220002026peak 2005 · 2

Relies on it most ⓘ

  1. United States v. Ernest Nda Akpan Chijioke Victor Okoro, M.D., Also Known as Victor Okoro, Also Known as Chiji v. Okoro407 F.3d 360 (5th Cir. 2005)
  2. United States v. AkpanNo. 03-20875 (5th Cir. Apr. 29, 2005)
  3. United States v. Vazquez-Molina389 F.3d 54 (1st Cir. 2004)
  4. Aponte v. USPCNo. 99-60775 (5th Cir. July 7, 2000)

Most recent

  1. United States v. AkpanNo. 03-20875 (5th Cir. Apr. 29, 2005)
  2. United States v. Ernest Nda Akpan Chijioke Victor Okoro, M.D., Also Known as Victor Okoro, Also Known as Chiji v. Okoro407 F.3d 360 (5th Cir. 2005)
  3. United States v. Vazquez-Molina389 F.3d 54 (1st Cir. 2004)
  4. Aponte v. USPCNo. 99-60775 (5th Cir. July 7, 2000)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
United States v. Calverley, 37 F.3d 160 (5th Cir. 1994) 661
United States v. Rosa, 11 F.3d 315 (2d Cir. 1993) 332
United States v. Duran, 37 F.3d 557 (9th Cir. 1994) 49

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