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U.S. v. WILLINGHAM

No. 06-11160.

497 F.3d 541 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Douglas WILLINGHAM, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 2007.

Attorney(s) appearing for the Case

Susan B. Cowger (argued), Aisha Saleem, Dallas, TX, for Plaintiff-Appellant.

R.H. Wallace, Jr. (argued), Shannon, Gracey, Ratliff & Miller, Fort Worth, TX, for Defendant-Appellee.

Before JOLLY, CLEMENT and OWEN, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The government appeals, contending that the defendant's non-Guidelines sentence, which was substantially below the advisory range under the Guidelines, is unreasonable. The question presented is whether the sentence is unreasonable because the district court departed downward based on the conclusion that imposing a Guidelines sentence would create an unwarranted disparity between the defendant's sentence and the national average

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