United States v. Michael Leonard Payne

U.S. Court of Appeals for the Eleventh Circuit
United States v. Michael Leonard Payne, 200 F. App'x 864 (11th Cir. 2006)
Carnes, Hull, Per Curiam, Pryor

United States v. Michael Leonard Payne

Opinion

PER CURIAM:

Michael Leonard Payne appeals his 180-month sentence imposed after he pled guilty to (1) possession of ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1); and (2) possession with intent to distribute and distribution of five grams or more of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). On appeal, Payne argues that the district court erred by not sentencing him below the mandatory minimum sentence of 15 years’ imprisonment on his conviction for possession of ammunition. 1 We disagree. The district court *865 correctly determined that it did not have discretion to sentence Payne below the mandatory minimum sentence of 15 years’ imprisonment. See United States v. Brehm, 442 F.3d 1291, 1300 (11th Cir. 2006), petition for cert. filed, (U.S. Sept. 12, 2006) (No. 06-6496); see also United States v. Shelton, 400 F.3d 1325, 1333 n. 10 (11th Cir. 2005) (“We emphasize that the district court was, and still is, bound by the statutory mínimums.”). Accordingly, we affirm.

AFFIRMED.

1

. It is undisputed that Payne was subject to a mandatory minimum sentence of 15 years' imprisonment, pursuant to 18 U.S.C. § 924(e)(1), because he had at least three previous convictions for a violent felony or a serious drug offense.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Michael Leonard PAYNE, A.K.A. Michael Leonard Payne, Jr., A.K.A. Michael A. Payne, A.K.A. Michael L. Payne, A.K.A. Michael Lenard Payne, A.K.A. Michale L. Payne, Jr., Defendant-Appellant
Status
Unpublished