IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-30423

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BRYANT EMERSON FREEMAN,

Defendant-Appellant

----------------------------------------------------------------------------------------

Consolidated with: 17-30426

UNITED STATES OF AMERICA, 

Plaintiff - Appellee

v.

BRYANT EMERSON FREEMAN,

Defendant - Appellant

Appeals from the United States District Court

for the Middle District of Louisiana

USDC No. 3:14-CR-41-1

USDC No. 3:16-CR-122-1

United States Court of Appeals

Fifth Circuit

FILED

January 19, 2018

Lyle W. Cayce

Clerk

 Case: 17-30423 Document: 00514313351 Page: 1 Date Filed: 01/19/2018
No. 17-30423

c/w No. 17-30426

2

Before STEWART, Chief Judge, and DENNIS and HAYNES, Circuit Judges.

PER CURIAM:*

In these consolidated appeals, Bryant Emerson Freeman challenges the 

substantive reasonableness of the 60-month term of imprisonment imposed as 

an upward departure on his conviction for failure to update his sex offender

registration, and the consecutive 23-month term of imprisonment imposed 

following the revocation of supervised release imposed on a prior offense of 

failure to register as a sex offender. He also challenges a special condition of 

supervised release prohibiting him from giving candy or gifts to minors on

holidays. We affirm.

First, we review the substantive reasonableness of Freeman’s 

consecutive sentences for abuse of discretion, taking into account the totality 

of the circumstances and the extent of any deviation from the Guidelines range 

and giving “due deference” to the district court’s assessment of the § 3553(a) 

factors. See Gall v. United States, 552 U.S. 38, 51 (2007); see also United States 

v. Warren, 720 F.3d 321, 322 & n.2 (5th Cir. 2013) (reviewing revocation 

sentences for abuse of discretion); United States v. Zelaya-Rosales, 707 F.3d 

542, 546 (5th Cir. 2013) (reviewing upward departures for abuse of discretion); 

United States v. Setser, 607 F.3d 128, 130 (5th Cir. 2010) (reviewing 

consecutive sentences for abuse of discretion). Freeman contends that the 

district court imposed unnecessarily long terms of imprisonment by giving

insufficient weight to certain aspects of his criminal and mental health history. 

Having reviewed the district court’s thorough justification of the sentences it 

imposed, we conclude that Freeman’s disagreement with the district court’s 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

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weighing of the sentencing factors is insufficient to demonstrate an abuse of 

discretion. See Gall, 552 U.S. at 51; United States v. Aldawsari, 740 F.3d 1015, 

1021-22 (5th Cir. 2014).

Second, we review Freeman’s unpreserved challenge to the supervised 

release condition for plain error. See United States v. Caravayo, 809 F.3d 269, 

272-73 (5th Cir. 2015); United States v. Ellis, 720 F.3d 220, 224-25 (5th Cir. 

2013). The district court relied on undisputed record evidence demonstrating 

that Freeman had a history of targeting young women through manipulation 

and violence. Having considered Freeman’s arguments that the condition is 

unrelated to any sentencing factor, infringes on his First Amendment right of 

free exercise of religion, and does not advance any goals of the United States 

Sentencing Commission, we are unpersuaded that the district court committed 

clear or obvious error. See 18 U.S.C. § 3583(d); United States v. Prieto, 801 

F.3d 547, 555 (5th Cir. 2015); Ellis, 720 F.3d at 225.

AFFIRMED.

 Case: 17-30423 Document: 00514313351 Page: 3 Date Filed: 01/19/2018