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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ALVIN VONNER,
Defendant-Appellant.


No. 05-5295

Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 03-00154—Thomas A. Varlan, District Judge.
Argued: September 12, 2007
Decided and Filed: February 7, 2008
Before: BOGGS, Chief Judge; MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE,
COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and
GRIFFIN, Circuit Judges.

_________________________
OPINION
_________________________

SUTTON, Circuit Judge. Alvin Vonner argues that his 117-month sentence violates the Sixth Amendment and is unreasonable. We disagree because (1) district courts may, consistent with the Sixth Amendment, find sentencing facts in applying the now-advisory sentencing guidelines, (2) Vonner forfeited his argument that the district court failed adequately to explain its rejection of his arguments for leniency and cannot show plain error and (3) his within-guidelines sentence is reasonable.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RAFAEL L. PHINAZEE,
Defendant-Appellant.


No. 06-5730

Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 03-00145—Curtis L. Collier, Chief District Judge.
Argued: October 25, 2007
Decided and Filed: February 7, 2008
Before: MERRITT, ROGERS, and McKEAGUE, Circuit Judges.

_________________________
OPINION
_________________________

McKEAGUE, Circuit Judge. Defendant-appellant Rafael Phinazee was convicted by a jury of conspiracy to distribute crack and powder cocaine. The presentence report (“PSR”) calculated his total offense level at 38 and placed him in a criminal category of VI, which resulted in a Sentencing Guidelines range of 360 months’ imprisonment to life.1 The district court initially sentenced Phinazee to 360 months’ imprisonment. After his appeal to this court and a subsequent remand in light of United States v. Booker, 543 U.S. 220 (2005), he was re-sentenced to 300 months’ imprisonment. Phinazee again appealed, and now argues that his sentence is substantively unreasonable because the downward variance was not large enough. For the reasons stated below, we AFFIRM defendant’s sentence.