United States v. Earl Mitchell

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 23, 2018
• Docket: 17-30780
• Status: Unpublished

Opinion

Case: 17-30780 Document: 00514566405 Page: 1 Date Filed: 07/23/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 17-30780 FILED Summary Calendar July 23, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EARL MITCHELL,

Defendant-Appellant

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:16-CR-99-1

Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * Earl Mitchell pleaded guilty to being a felon in possession of a firearm and now appeals his 30-month sentence. He faults the district court for apply- ing U.S.S.G. § 2K2.1(b)(4)(A), which increases an offense level if the possessed firearm “was stolen.” Any error, however, would have been harmless. The dis- trict court “explained that it would give the same sentence” regardless of the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 17-30780 Document: 00514566405 Page: 2 Date Filed: 07/23/2018

No. 17-30780

enhancement. United States v. Guzman-Rendon, 864 F.3d 409, 411 (5th Cir.), cert. denied, 138 S. Ct. 524 (2017). AFFIRMED.