UNITED STATES v. JONES (2019)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Stevie Elbert JONES, Defendant-Appellant

No. 18-11106

Decided: April 25, 2019

Before JOLLY, COSTA, and HO, Circuit Judges. James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee Christopher Allen Curtis, Assistant Federal Public Defender, Cody L. Cofer, Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant

Stevie Elbert Jones was convicted of one charge of bank robbery and sentenced to serve 151 months in prison and a three-year term of supervised release. Now, he argues that the district court erred in determining that his Texas robbery convictions are crimes of violence under U.S.S.G. §§ 4B1.1, 4B1.2.

The Government has filed an unopposed motion for summary affirmance. Jones correctly concedes that his argument is foreclosed by United States v. Santiesteban-Hernandez, 469 F.3d 376, 380-81 (5th Cir. 2006), abrogated on other grounds by United States v. Rodriguez, 711 F.3d 541, 547-63 (5th Cir. 2013) (en banc). Because he raises the issue only to preserve it for further review, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.