United States v. Wright

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-10863 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOHN EDWARD WRIGHT,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:95-CR-43-A - - - - - - - - - -

June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

John Edward Wright appeals his sentence for possession with

intent to distribute cocaine, arguing that the district court

erred by failing to treat three prior state-court convictions for

aggravated robbery as "related cases" for sentencing purposes.

Wright argues that the cases are related because they would be

considered as consolidated for sentencing under Ninth Circuit law

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-10863 -2-

and nonbinding commentary in a Sentencing Commission publication,

and he suggests that principles of federalism and the rule of

lenity dictate that state law should not determine whether prior

convictions are considered as "consolidated" under the Sentencing

Guidelines.

The Ninth Circuit's holding on this issue is irrelevant

because, under the law in this circuit, Wright's prior

convictions are not deemed to have been consolidated for

sentencing. See United States v. Gipson, 46 F.3d 472, 476 (5th

Cir. 1995). The Sentencing Commission publication cited by

Wright is not binding on this court. United States v. Kings, 981

F.2d 790, 795 n.10 (5th Cir.), cert. denied, 508 U.S. 953 (1993).

AFFIRMED.