USA v. Lamont Fitch, No. 08-5457 (6th Cir. 2009)

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 09a0640n.06 No. 08-5457 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LAMONT C. FITCH, Defendant-Appellant. BEFORE: ) ) ) ) ) ) ) ) ) ) Sep 16, 2009 LEONARD GREEN, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY MARTIN, GUY, and McKEAGUE, Circuit Judges. PER CURIAM. Defendant-Appellant Lamont C. Fitch appeals his sentence of six months for assaulting a safety manager while an inmate at United States Penitentiary, Big Sandy, in Inez, Kentucky. The district court s decision, after considering the factors in 18 U.S.C. § 3553(a), to make the six-month sentence run consecutive to Fitch s ongoing unfulfilled sentence was not an abuse of discretion. See United States v. Watford, 468 F.3d 891, 915-17 (6th Cir. 2006); United States v. Gibson, 896 F.2d 206, 210 (6th Cir. 1990). The district court s decision to impose a six-month sentence, after considering the factors in 18 U.S.C. § 3553(a), was neither procedurally nor substantively unreasonable. See United States v. Jones, 445 F.3d 865, 869 (6th Cir. 2006). Therefore, we AFFIRM the district court s decision.

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