Filed: Apr. 24, 2008
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 24, 2008 No. 06-30862 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JEREMY JASON MOREFIELD Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:05-CR-50100 Before KING, DAVIS and CLEMENT, Circuit Judges. PER CURIAM:* Jeremy Jason Morefield pleaded guilty to counts 1 and 3 o
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 24, 2008 No. 06-30862 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JEREMY JASON MOREFIELD Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:05-CR-50100 Before KING, DAVIS and CLEMENT, Circuit Judges. PER CURIAM:* Jeremy Jason Morefield pleaded guilty to counts 1 and 3 of..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 24, 2008
No. 06-30862
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JEREMY JASON MOREFIELD
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:05-CR-50100
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Jeremy Jason Morefield pleaded guilty to counts 1 and 3 of an indictment
charging him with conspiracy to distribute methamphetamine and possession
of a firearm in furtherance of a drug trafficking crime and has appealed his
sentence. Morefield contends that his two prior Texas convictions for possession
of a controlled substance with intent to deliver should not have been regarded
as “controlled substance offense[s]” for purposes of applying the career-offender
Guideline. See U.S.S.G. § 4B1.1(a) & (b). He contends that the Guideline
*
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should not be published and is not precedent except under the limited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. 06-30862
defining the term “controlled substance offense,” U.S.S.G. § 4B1.2(b), does not
use the term “deliver” in describing this category of offenses. We recently
rejected this argument in United States v. Ford,
509 F.3d 714, 714-17 (5th Cir.
2007).
Morefield argues that “[t]here is insufficient detail in the Presentence
Report to make a factual determination that . . . [Morefield] pled to conduct that
falls within the definition of a controlled substance offense” under U.S.S.G.
§ 4B1.2. Because this contention has been raised for the first time on appeal,
our review is for plain error. See United States v. Ochoa-Cruz,
442 F.3d 865,
866-67 (5th Cir. 2006). Morefield does not dispute that his prior convictions
were for possession with intent to deliver a controlled substance, an offense that
we determined in Ford was equivalent to the offense of possession of a controlled
substance with intent to distribute. See
Ford, 509 F.3d at 717. For that reason,
he has not shown that his substantial rights were affected. See
Ochoa-Cruz, 442
F.3d at 867. The judgment is AFFIRMED.
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