Filed: Oct. 20, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31244 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BYRON THOMAS, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 98-CR-57-ALL-B - October 19, 1999 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM:* Byron Thomas appeals his sentence for his guilty-plea conviction for conspiracy to possess with intent to distribute more than 1
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31244 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BYRON THOMAS, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 98-CR-57-ALL-B - October 19, 1999 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM:* Byron Thomas appeals his sentence for his guilty-plea conviction for conspiracy to possess with intent to distribute more than 10..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31244
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BYRON THOMAS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 98-CR-57-ALL-B
--------------------
October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Byron Thomas appeals his sentence for his guilty-plea
conviction for conspiracy to possess with intent to distribute
more than 100 grams of heroin. He argues that the district court
erred in enhancing Thomas’s offense level by two for possession
of a dangerous weapon during his drug offense. See U.S.S.G.
§ 2D1.1(b)(1).
According to the presentence report, the factual findings of
which were not objected to by Thomas, a gun was found at Thomas’s
*
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that this opinion should not be published and is not precedent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.
No. 98-31244
-2-
residence, Thomas was supposed to have a large amount of heroin
at his residence on a certain date, on that date a package
containing the heroin addressed to a location a block away from
Thomas’s residence was intercepted, and the contact number left
at the post office for the undelivered package was Thomas’s home
telephone number. The district court concluded that there was
ample evidence forming a spatial and temporal link among Thomas,
the gun found at his residence, and the drug activity. The
district court did not err, much less clearly err, in finding
that Thomas possessed a dangerous weapon during his drug offense.
See U.S.S.G. § 2D1.1(b)(1); United States v. Eastland,
989 F.2d
760, 770 (5th Cir. 1993).
AFFIRMED.