Filed: Jun. 08, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-40952 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KEMON DEWAYNE JACKO, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:98-CR-9-1 - - - - - - - - - - June 2, 1999 Before DAVIS, DUHÉ, and PARKER, Circuit Judges. PER CURIAM:1 Kemon Dewayne Jacko appeals his sentence after pleading guilty to possession with intent to distribut
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-40952 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KEMON DEWAYNE JACKO, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:98-CR-9-1 - - - - - - - - - - June 2, 1999 Before DAVIS, DUHÉ, and PARKER, Circuit Judges. PER CURIAM:1 Kemon Dewayne Jacko appeals his sentence after pleading guilty to possession with intent to distribute..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40952
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEMON DEWAYNE JACKO,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-9-1
- - - - - - - - - -
June 2, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:1
Kemon Dewayne Jacko appeals his sentence after pleading guilty
to possession with intent to distribute cocaine base. Jacko argues
that the district court erred by including the amount of cocaine
base, 27.97 grams, seized on July 26, 1996. He contends that this
amount was not relevant conduct; that the only information which
could connect his possession with intent to distribute cocaine base
on July 26, 1996, and October 31, 1997, was information he
proffered as part of his cooperation agreement; and he argues that
1
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that this opinion should not be published and is not precedent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.
the use of this information to determine his sentence violated his
U.S.S.G. § 1B1.8 agreement with the Government. The district court
did not clearly err in finding that Jacko’s statements to the
police were not barred by § 1B1.8 from being considered to
determine his sentence. United States v. Gibson,
48 F.3d 876, 878
(5th Cir. 1995). Jacko’s statement that he had sold drugs since
December 1993 bridges the relevant conduct gap between July 26,
1996, and October 31, 1997.
Jacko argues that the district court erred by increasing his
offense level for possession of a firearm under § 2D1.1(b)(1).
However, Jacko concedes that if the July 26, 1996, conduct is
upheld as being relevant conduct, the two-level increase for the
firearm possessed on July 26 would be properly assessed. Based on
his concession and our conclusion that the July 26, 1996, conduct
was properly considered as relevant conduct, we need not consider
this issue.
AFFIRMED.