United States v. Zachary Thomas

U.S. Court of Appeals for the Fifth Circuit
United States v. Zachary Thomas, 423 F. App'x 406 (5th Cir. 2011)

United States v. Zachary Thomas

Opinion

PER CURIAM: *

Zachary Thomas pleaded guilty to possession with intent to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking crime. He was sentenced to, inter alia, a 120-month prison term on the drug trafficking count and, pursuant to 18 U.S.C. § 924(c)(l)(A)(i), a consecutive 60-month prison term on the related firearms conviction. Thomas filed a timely notice of appeal.

*407 In his sole issue for review, Thomas argues that the district court erred in sentencing him to a mandatory five-year minimum sentence under § 924(c)(l)(A)(i) when the predicate drug offense carried a greater minimum sentence. This argument has been rejected by both this court and the United States Supreme Court. Abbott v. United States, — U.S.-, 131 S.Ct. 18, 22-23, 178 L.Ed.2d 348 (2010); United States v. London, 568 F.3d 553, 564 (5th Cir. 2009), cert. denied, — U.S.-, 131 S.Ct. 631, 178 L.Ed.2d 507 (2010). Consequently, the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Zachary THOMAS, Defendant-Appellant
Status
Unpublished