Filed: Feb. 13, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20307 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANK LEWIS LUMP, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas (H-99-CR-519-1) - - - - - - - - - - February 9, 2001 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Defendant-Appellant Frank Lewis Lump appeals his sentence following his guilty-plea convicti
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20307 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANK LEWIS LUMP, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas (H-99-CR-519-1) - - - - - - - - - - February 9, 2001 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Defendant-Appellant Frank Lewis Lump appeals his sentence following his guilty-plea convictio..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20307
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANK LEWIS LUMP,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
(H-99-CR-519-1)
- - - - - - - - - -
February 9, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Frank Lewis Lump appeals his sentence
following his guilty-plea conviction for transportation of child
pornography in interstate commerce via the Internet, 18 U.S.C. §§
2252A(a)(1) and 2256(8). Lump argues that the district court erred
by increasing his offense level by five levels pursuant to U.S.S.G.
§ 2G2.2(b)(4) based on a determination that he had shown a pattern
of sexual abuse or exploitation of minors based on conduct 28 years
in the past. We have reviewed the record and the briefs of the
parties, and we find no reversible error.
*
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that this opinion should not be published and is not precedent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.
Lump provides no support for his assertion that his admitted
sexual abuse of two minors in 1971 is too attenuated in time to be
considered for offense-level enhancement under U.S.S.G. §
2G2.2(b)(4). Moreover, the district court ruled in the alternative
that, even if the enhancement was not proper under U.S.S.G. §
2G2.2, an upward departure was warranted that would result in the
same 46-month sentence. See United States v. Tello,
9 F.3d 1119,
1129-31 (5th Cir. 1993). Because this ruling was not in error,
Lump’s argument fails. See United States v. Clements,
73 F.3d
1330, 1341 (5th Cir. 1996).
AFFIRMED.
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