# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 30101 Summary Calendar

**____________ United States of America,** 
Plaintiff

— Appellee **,**

versus
**Alfred Stewart, III,**
Defendant

— Appellant

**.**

**______________________________** Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:22

- CR

- 65

- 2

**_______________ _______________**  Before **Barksdale** , **Engelhardt** , and **Wilson** , Circuit Judges

. **Per Curiam :**  ***** Alfred Stewart, III , challenges the sentence imposed following his conviction s for : conspiracy to distribute and possess with intent to distribute cocaine , in violation of 21 U.S.C. § 846 ; possession with intent to distribute cocaine, cocaine base, and methamphetamine , in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C) ; felon in possession of firearm an d ammunition , in

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED September 1, 2023 Lyle W. Cayce Clerk Case: 23-30101 Document: 00516881447 Page: 1 Date Filed: 09/01/2023No. 23

- 30101

2 violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) ; and possession of a firearm in furtherance of a drug

- trafficking crime , in violation of 18 U.S.C. § 924(c)(1)(A)

. He contends his within

- Guideline s 97

- months’ sentence , imposed after denial of his downward

- variance motion, is substantively unreasonable. Although post

- Booker , the Sentencing Guidelines are advisory only, the district court must avoid significant procedural error, such as improperly calculating the Guidelines sentencing range

. Gall v. United States , 552 U.S. 38, 46, 51 (2007). If no such procedural error exists, a properly preserved objection to an ultimate sentence is reviewed for substantive reasonableness under an abuse

- of

- discretion standard. Id. at 51; United States v. Delgado

Martinez , 564 F.3d 750, 751

– 53 (5th Cir. 2009 ). In that respect, for issues preserved in district court, as in this instance, its application of the Guidelines is reviewed de nov o ; its factual findings, only for clear error. E.g. , United States v. Cisneros

- Gutierrez , 517 F.3d 751, 764 (5th Cir. 200 8).

Stewart fails to show his sentence does not account for a factor that should receive significant weight, gives significant weight to an irrelevant or improper factor, or represents a clear error of judgment in balancing sentencing factors. E.g. , Unite d States v. Jenkins , 712 F.3d 209 , 214 (5th Cir. 2013) (outlining abuse of discretion for within

- Guidelines sentence). The record reflects the district court considered Stewart’s contentions in support of a below

- G uidelines sentenc e but rejected them. Ultimately, Stewart disagrees with the sentence imposed by the district court and fails to overcome the presumption that the court imposed a reasonable sentence. See United States v. Ruiz , 621 F.3d 390, 398 (5th Cir. 2010). H e has not show n his sentence is substantively unreasonable.

To the extent Stewart might present a Second Amendment challenge to 18 U.S.C. § 922(g)(1) ( felon in possession ) , he has abandoned it by failing Case: 23-30101 Document: 00516881447 Page: 2 Date Filed: 09/01/2023No. 23

- 30101

3 to a dequately brief it. E.g. , United States v. Scroggins , 59 9 F.3d 433, 446

– 47 (5th Cir. 2010) (“It is not enough to merely mention or allude to a legal theory.” (citation omitted) ).

**AFFIRMED**

. Case: 23-30101 Document: 00516881447 Page: 3 Date Filed: 09/01/2023