Case: 22-30701 Document: 00517016097 Page: 1 Date Filed: 12/28/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED December 28, 2023 No. 22-30701 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Brock Melancon, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:19-CR-119-1 ______________________________ Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam:* Brock Melancon appeals the sentence imposed following his convictions for drug offenses and possessing a firearm as a felon. He challenges the district court’s use of his prior drug conspiracy conviction to qualify him as a career offender, arguing for the first time on appeal that _____________________ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 22-30701 Document: 00517016097 Page: 2 Date Filed: 12/28/2023

No. 22-30701

inchoate offenses are not included in the U.S.S.G. § 4B1.2(b) (2021) definition of a “controlled substance offense” and that the guidelines commentary is not entitled to deference.

He has filed an unopposed motion for summary disposition in which he correctly concedes that his argument is foreclosed by our recent en banc decision in United States v. Vargas, 74 F.4th 673, 680-90 (5th Cir. 2023) (en banc), petition for cert. filed (U.S. Oct. 23, 2023) (No. 23-5875). Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Melancon’s motion is GRANTED, and the district court’s judgment is AFFIRMED.