UNITED STATES OF AMERICA v. GARY HOWARD (2016)

Gary Howard appeals his 240-month, below-guidelines prison sentence for conspiring to possess intending to distribute a controlled substance. Specifically, he challenges sentencing enhancements he received under U.S.S.G. § 2D1.1(b)(12) for maintaining a premises to distribute drugs and under U.S.S.G. § 3A1.2(c)(1) for assaulting a law enforcement officer.

After overruling Howard's objections to the guidelines calculations in the presentence report, the district court explained that it would impose the same sentence even if those rulings were incorrect. It reasoned that a 240-month sentence was warranted based on the quantity of drugs involved in the offense and Howard's other criminal conduct, including his role in running credit card scams. Accordingly, any error in applying the Guidelines would be harmless. See United States v. Gutierrez-Mendez, 752 F.3d 418, 430 (5th Cir. 2014); United States v. Ibarra-Luna, 628 F.3d 712, 714 (5th Cir. 2010).

AFFIRMED.

PER CURIAM:*