United States v. Davis

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30737 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BURNELL DAVIS,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CR-323-ALL - - - - - - - - - - April 8, 1998

Before JOLLY, JONES, and DUHÉ, Circuit Judges.

PER CURIAM:*

Burnell Davis appeals from his sentence for being a

convicted felon in possession of a firearm. He contends solely

that the district court erred by calculating his base offense

level as 20 because his previous state-court conviction of simple

burglary of an inhabited dwelling was a “crime of violence” for

purposes of U.S.S.G. § 2K2.1(a)(4)(A). Davis’s contention is

frivolous; simple burglary of an inhabited dwelling is a “crime

of violence” for guideline purposes. See United States v.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-30737 -2-

Claiborne 132 F.3d 253, 255-56 (5th Cir. 1998); United States v.

Guadardo, 40 F.3d 102, 103-05 (5th Cir. 1994); § 4B1.2(a)(2).

APPEAL DISMISSED. 5TH CIR. R. 42.2.