Filed: Jan. 31, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10150 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HAROLD PRYCE PARKER, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:98-CR-69-1-C - January 27, 2000 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Harold Parker (“Parker”) appeals his convictions for possession of counterfeit securities, 18 U.S.C. § 513(b), interstate tra
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10150 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HAROLD PRYCE PARKER, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:98-CR-69-1-C - January 27, 2000 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Harold Parker (“Parker”) appeals his convictions for possession of counterfeit securities, 18 U.S.C. § 513(b), interstate tran..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10150
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HAROLD PRYCE PARKER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:98-CR-69-1-C
--------------------
January 27, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Harold Parker (“Parker”) appeals his convictions for
possession of counterfeit securities, 18 U.S.C. § 513(b),
interstate transportation of an implement used in counterfeiting,
18 U.S.C. § 2314, and aiding and abetting, 18 U.S.C. § 2. He
argues that (1) there was insufficient evidence to support his
convictions; (2) he was subjected to prosecutorial misconduct;
(3) his trial counsel was ineffective; and (4) the district
court’s restitution order was erroneous.
*
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that this opinion should not be published and is not precedent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. 99-10150
-2-
We have reviewed the record and the briefs of the parties.
First, with respect to Parker’s insufficient evidence claim, the
record is not devoid of evidence pointing to guilt such that
there was a manifest miscarriage of justice. See United States
v. Johnson,
87 F.3d 133, 136 (5th Cir. 1996). Second, with
respect to his prosecutorial misconduct claim, Parker has failed
to show plain error. See United States v. Wicker,
933 F.2d 284,
291 (5th Cir. 1991). Third, with respect to his ineffective
assistance of counsel claim, Parker has failed to show prejudice.
See Strickland v. Washington,
466 U.S. 668, 694 (1984). The
district court is AFFIRMED with respect to these three claims.
With respect to his restitution order claim, Parker has
shown that the district court’s restitution order was illegal.
“[A] defendant . . . is only responsible for restitution for the
conduct underlying the offense for which he has been convicted.”
United States v. Mancillas,
172 F.3d 341, 343 (5th Cir. 1999).
The district court’s restitution order held Parker responsible
for damages resulting from past conduct and not the conduct
underlying the offenses for which he was convicted. The
restitution component of Parker’s sentence is VACATED and the
ruling of the district court with regard to restitution is
REVERSED and REMANDED for sentencing consistent with this
opinion.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.