United States v. Stevie Jones

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 25, 2019
• Docket: 18-11106
• Status: Unpublished

Opinion

Case: 18-11106 Document: 00514930082 Page: 1 Date Filed: 04/25/2019

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

No. 18-11106 FILED Summary Calendar April 25, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

STEVIE ELBERT JONES,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-237-1

Before JOLLY, COSTA, and HO, Circuit Judges. PER CURIAM: * Stevie Elbert Jones was convicted of one charge of bank robbery and sentenced to serve 151 months in prison and a three-year term of supervised release. Now, he argues that the district court erred in determining that his Texas robbery convictions are crimes of violence under U.S.S.G. §§ 4B1.1, 4B1.2.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-11106 Document: 00514930082 Page: 2 Date Filed: 04/25/2019

No. 18-11106

The Government has filed an unopposed motion for summary affirmance. Jones correctly concedes that his argument is foreclosed by United States v. Santiesteban-Hernandez, 469 F.3d 376, 380-81 (5th Cir. 2006), abrogated on other grounds by United States v. Rodriguez, 711 F.3d 541, 547- 63 (5th Cir. 2013) (en banc). Because he raises the issue only to preserve it for further review, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.