USA v. Cart, No. 07-30269 (5th Cir. 2007)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-30269 Summary Calendar December 20, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. MARIE FERDETTE ARNAUD CART Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:05-CR-60052-1 Before JOLLY, DAVIS, and DeMOSS, Circuit Judges. PER CURIAM:* Marie Ferdette Arnaud Cart pleaded guilty to mail fraud. The district court, after considering the 18 U.S.C. § 3553 factors, determined that the 18 to 24 month advisory guideline range would not provide adequate punishment and instead imposed a non-guideline sentence of 36 months of imprisonment. Cart argues that the sentence is excessive and unreasonable and that the district court erroneously based its sentencing variance on aggravating circumstances that were already taken into consideration by the Guidelines. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-30269 Cart s sentence is reasonable under § 3553(a) because the district court used the properly calculated advisory Sentencing Guidelines as a frame of reference, identified appropriate reasons for the sentencing variance, and made factual findings to support its sentencing determination. See United States v. Smith, 440 F.3d 704, 710 (5th Cir. 2006). The judgment of the district court is affirmed. AFFIRMED. 2
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