United States v. Rachel Ann Thompson

Summary

The Fifth Circuit affirmed a 151-month sentence for conspiracy to possess methamphetamine, holding it lacked jurisdiction to review the denial of a downward departure absent evidence the district court mistakenly believed it lacked authority. The court also declined to issue advisory guidance on departure guidelines. Because Thompson did not object to reasonableness, plain error review applied, and her within-guidelines sentence carried a rebuttable presumption of reasonableness that she failed to overcome.

Holdings

1. We lack jurisdiction to review the denial of a downward departure under the Guidelines unless the denial was based on the district court's mistaken belief that it lacked the authority to depart. The record does not show such a belief, so we lack jurisdiction.
2. We do not issue advisory opinions.
3. The sentence is within the advisory Guidelines range and is entitled to a rebuttable presumption of reasonableness. Thompson failed to rebut the presumption, and the district court did not commit plain error.

Questions Presented

1. Whether the district court erred in denying the motions for downward departure and variance.
2. Whether the court should provide guidance to district courts concerning the application of the Sentencing Guidelines addressing departure sentences.
3. Whether the 151-month sentence is substantively unreasonable and greater than necessary to satisfy the §3553(a) factors.

Disposition

affirmed