United States v. Lively

Case: 25-30431 Document: 57-1 Page: 1 Date Filed: 05/04/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 4, 2026 No. 25-30431

Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee, versus

Jevon Lively,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:24-CR-274-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: *

Jevon Lively appeals his sentence for possessing with intent to distribute fentanyl and methamphetamine. He contends that the district court erroneously applied a two-level enhancement under U.S.S.G.

§ 2D1.1(b)(12) for maintaining a premises for manufacturing or distributing drugs. However, Lively fails to show that the district court clearly erred in Case: 25-30431 Document: 57-1 Page: 2 Date Filed: 05/04/2026

No. 25-30431 determining that he had the requisite level of access, dominion, and control to demonstrate that he maintained the apartment for the purpose of storing drugs. United States v. Guzman-Reyes, 853 F.3d 260, 263-65 (5th Cir. 2017). AFFIRMED.