UNITED STATES v. BURNEY

No. 20-10529.

992 F.3d 398 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee BURNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed March 29, 2021.


Attorney(s) appearing for the Case

Gail A. Hayworth , Leigha Amy Simonton , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Taylor Wills Edwards Brown , Federal Public Defender's Office, Northern District of Texas, Fort Worth, TX, David E. Sloan , Assistant Federal Public Defender, Federal Public Defender's Office Northern District of Texas, Lubbock, TX, for Defendant-Appellant.

Before King, Smith, and Haynes, Circuit Judges.


Richard Burney claims that his sentence for wire fraud is substantively unreasonable because the district court improperly considered his socioeconomic status. But the court considered only Burney's good childhood and upbringing, not the objective criteria that determine his current status in society. These factors...

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