United States v. Curtis Fortune, No. 05-4277 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Sentencing. 180-month sentence was not unreasonable given defendant's guidelines range and the factors set out in 18 U.S.C. Sec. 3553(a), including defendant's failure to reform after two prior drug convictions.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-4277 ___________ United States of America, Appellee, v. Curtis Manzell Fortune, Appellant. * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * ___________ Submitted: January 31, 2007 Filed: February 5, 2007 ___________ Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Curtis Fortune pleaded guilty to possessing cocaine base with intent to distribute, see 21 U.S.C. § 841(a)(1), (b)(1)(A) (10-year minimum prison term); and carrying a firearm during a drug-trafficking crime, see 18 U.S.C. § 924(c)(1)(A)(i), (D)(ii) (consecutive 5-year minimum prison term). Calculating an advisory Guidelines range of 151-188 months for the drug count, the district court1 sentenced Fortune to consecutive prison terms of 151 months and 60 months. Fortune appeals, arguing that the sentence is unreasonable and that imposing the 10-year minimum on the drug count 1 The Honorable James M. Rosenbaum, Chief Judge, United States District Court for the District of Minnesota. (for a 180-month total sentence) would accomplish the goals set forth in 18 U.S.C. § 3553(a). We conclude that the sentence is not unreasonable. See United States v. Booker, 543 U.S. 220, 261-62 (2005) (appellate courts must review sentences for unreasonableness). Fortune has not rebutted the presumption of reasonableness that attaches to the prison term selected for the drug count. See United States v. Tobacco, 428 F.3d 1148, 1151 (8th Cir. 2005) (presumptively reasonable sentence can be unreasonable if district court failed to consider relevant factor that should have received significant weight, gave significant weight to improper or irrelevant factor, or considered only appropriate factors but committed clear error of judgment in weighing them); United States v. Lincoln, 413 F.3d 716, 717-18 (8th Cir.) (sentence within Guidelines range is presumptively reasonable; defendant bears burden to rebut presumption of reasonableness), cert. denied, 126 S. Ct. 840 (2005). The district court acknowledged its obligation to consider the section 3553(a) factors, and properly noted Fortune s failure to change his ways after two previous drug convictions. See United States v. Long Soldier, 431 F.3d 1120, 1123 (8th Cir. 2005) (sentencing court need not specifically mention each § 3553(a) factor; relevant inquiry is whether court actually considered those factors and whether appellate court s review of factors leads it to conclude they support reasonableness of sentence). Accordingly, we affirm. ______________________________ -2-
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