United States v. James

U.S. Court of Appeals for the Fifth Circuit

United States v. James

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-11069 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL PAUL JAMES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:00-CR-229-1 -------------------- October 7, 2002

Before JONES, DUHÉ, and CLEMENT, Circuit Judges.

PER CURIAM:1

Michael Paul James appeals his sentence following his guilty-

plea conviction for possession with intent to distribute

methamphetamine. He argues that the district court clearly erred

when it increased his offense level by two for the possession of a

dangerous weapon during the commission of the offense. He also

contends that the court did not address his assertion at the

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. sentencing hearing that he had forgotten that there was a gun and

a knife in his car when he delivered the methamphetamine.

The record shows that the district court addressed James’s

assertions and that the court’s finding with respect to the

presence of a weapon during the commission of James’s drug offense

was supported by the record and was not clear error. See United

States v. Jaquinot,

258 F.3d 423, 431

(5th Cir. 2001); United

States v. Brown,

217 F.3d 247, 261

(5th cir. 2000); see also United

States v. Myers,

150 F.3d 459, 465

(5th Cir. 1998).

AFFIRMED.

2

Reference

Status
Unpublished