Filed: Mar. 05, 2020
Latest Update: Mar. 05, 2020
Summary: Case: 18-10689 Document: 00515333391 Page: 1 Date Filed: 03/05/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-10689 March 5, 2020 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RONNIE BERNARD ELLIS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-176-1 Before KING, GRAVES, and WILLETT, Circuit Judges. PER CURIAM: *
Summary: Case: 18-10689 Document: 00515333391 Page: 1 Date Filed: 03/05/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-10689 March 5, 2020 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RONNIE BERNARD ELLIS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-176-1 Before KING, GRAVES, and WILLETT, Circuit Judges. PER CURIAM: * R..
More
Case: 18-10689 Document: 00515333391 Page: 1 Date Filed: 03/05/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-10689 March 5, 2020
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RONNIE BERNARD ELLIS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:17-CR-176-1
Before KING, GRAVES, and WILLETT, Circuit Judges.
PER CURIAM: *
Ronnie Bernard Ellis appeals his 320-month sentence following his
guilty plea conviction for conspiracy to possess with intent to distribute a
controlled substance. Ellis contends that the district court erred by finding
that the offense involved the importation of methamphetamine for the
purposes of applying a two-level enhancement to his offense level pursuant to
U.S.S.G. § 2D1.1(b)(5) because there was insufficient evidence connecting him
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-10689 Document: 00515333391 Page: 2 Date Filed: 03/05/2020
No. 18-10689
to methamphetamine imported from Mexico. We review the district court’s
factual determination that Ellis’s offense involved the importation of
methamphetamine for clear error. See United States v. Serfass,
684 F.3d 548,
550, 553-54 (5th Cir. 2012).
The two-level § 2D1.1(b)(5) enhancement applies if “the offense involved
the importation of amphetamine or methamphetamine” and the defendant
does not receive a mitigating role adjustment. Considering the record as a
whole, the district court plausibly inferred that the methamphetamine
involved in the offense had been imported from Mexico. See
id. at 550, 553-54.
Accordingly, the district court did not clearly err by applying the § 2D1.1(b)(5)
enhancement. See United States v. Foulks,
747 F.3d 914, 915 (5th Cir. 2014).
AFFIRMED.
2