UNITED STATES v. MITCHELL (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Earl MITCHELL, Defendant-Appellant

No. 17-30780

Decided: July 23, 2018

Before KING, ELROD, and HIGGINSON, Circuit Judges.

Mary Patricia Jones, Assistant U.S. Attorney, Lyman Edgar Thornton, III, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee Richard Mark Upton, Federal Public Defender's Office, Middle & Western Districts of Louisiana, Baton Rouge, LA, for Defendant-Appellant

Earl Mitchell pleaded guilty to being a felon in possession of a firearm and now appeals his 30-month sentence. He faults the district court for applying U.S.S.G. § 2K2.1(b)(4)(A), which increases an offense level if the possessed firearm “was stolen.” Any error, however, would have been harmless. The district court “explained that it would give the same sentence” regardless of the enhancement. United States v. Guzman-Rendon, 864 F.3d 409, 411 (5th Cir.), cert. denied, ––– U.S. ––––, 138 S.Ct. 524, 199 L.Ed.2d 402 (2017).

AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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