### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 60842 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

–

Appellee ,

v. EDDIE C. OUTLAW , Defendant

– Appellant

.
Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:14

- CR

- 80

- 1

Before CLEMENT, OWEN, and ELROD, Circuit Judges. PER CURIAM: * Eddie C. Outlaw pleaded guilty of five counts of distribution of cocaine base, and the district court varied upward from the 57

- to

- 71

- month guidelines range in imposing concurrent 78

- month terms of imprisonment and concurrent three

- year periods of supervised release a s well as a $1,500 fine. O utlaw has appealed his sentence, contending that the above

- guidelines sentence was

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 22, 2015 Lyle W. Cayce Clerk Case: 14-60842 Document: 00513125760 Page: 1 Date Filed: 07/22/2015No. 14

- 60842

2 substantively unreasonable and that the district court ’ s reasons for the sentence imposed were inadequate

. After United States v. Booker , 543 U.S. 220 (2005), sentences are reviewed for procedural error and substantive reasonableness under an abuse of discretion standard. United States v. Johnson , 619 F.3d 469, 471

- 72 (5th Cir. 2010) (citing Gall v. United States , 552 U.S. 38, 50

- 51 (2007)) . Because Outlaw did not object to the adequacy of the district court ’ s reasons for its upward variance, this court ’ s review of that question is for plain error. See United States v. Mondragon

- Santiago , 564 F.3d 357, 361 (5th Cir. 2009) (citing United States v. Lopez

- Velasquez , 526 F.3d 8 04, 806 (5th Cir. 2008)) . To show plain error, Outlaw must show a forfeited error that is clear or obvious and that affects his substantial rights. See Puckett v. United States , 556 U.S. 129, 135 (2009) (citing United States v. Olano , 507 U.S. 725, 732

- 34 (1993))

. If he makes such a showing, this court has the discretion to correct the error but only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. See id

. (citing Olano , 507 U.S. at 736). When the dist rict court imposes a non

- guidelines sentence, it must articulate its reasons for the sentence imposed more thoroughly. United States v. Smith , 440 F.3d 704, 707 (5th Cir. 2006) ( citing United States v. Mares , 402 F.3d 511, 519 (5th Cir. 2006)) . Its reaso ns should be fact

- specific and consistent with the statutory sentencing factors. Id. (citing Mares , 402 F.3d at 519). “ The court, however, need not engage in ‘ robotic incantations that each statutory factor has been considered. ’ ” Id. ( quoting United Sta tes v. Lamoreaux , 422 F.3d 750, 756 (8th Cir. 2005) ). Where the record makes the sentencing judge ’ s reasoning clear and allows for effective review, no further explanation is required. United States v. Fraga , 704 F.3d 432, 439 (5th Cir. 2013) (citing Rit a v. United States , 551 U.S. 338, 359 (2007))

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3 Contrary to Outlaw ’ s assertions on appeal, i t was not improper for the district court to consider Outlaw ’ s criminal history in imposing a non guidelines sentence. See Smith , 440 F.3d at 709 (citing Mares , 40 2 F.3d at 519)

. T he district court considered the nature and circumstances of the offense and Outlaw ’ s history and characteristics in determining that a more lengthy sentence was necessary to provide an adequate punishment, to deter future criminal conduc t, and to protect the public from Outlaw ’ s criminality. See id. (citing 18 U.S.C. § 3553(a) ). The district court ’ s reasons were adequate , and the seven

- month upward variance was not substantively unreasonable. There was no error, plain or otherwise. Th e judgment is AFFIRMED

. Case: 14-60842 Document: 00513125760 Page: 3 Date Filed: 07/22/2015