United States v. Lyons

Case: 25-30647 Document: 41-1 Page: 1 Date Filed: 09/08/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-30647 Summary Calendar FILED September 8, 2026 ____________ Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Damario Lyons, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:23-CR-205-1 ______________________________ Before Haynes, Graves, and Ramirez, Circuit Judges.

Per Curiam:* Damario Lyons appeals the 324-month sentence imposed upon his guilty plea conviction for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine.

He argues that the district court erroneously applied a two-level enhancement for maintaining a drug premises, see U.S.S.G. § 2D1.1(b)(12), Case: 25-30647 Document: 41-1 Page: 2 Date Filed: 09/08/2026

No. 25-30647 and a two-level enhancement based on his aggravating role in the offense, see U.S.S.G. § 3B1.1(c).

The facts contained in the presentence report bore sufficient indicia of reliability to support the report’s probable accuracy, and those facts were unrebutted by Lyons. See United States v. Harris, 702 F.3d 226, 230 (5th Cir. 2012); United States v. Fields, 932 F.3d 316, 320 (5th Cir. 2019). Having reviewed the entire record, including the presentence report, we conclude that Lyons has failed to show that the district court clearly erred in applying either the § 2D1.1(b)(12) enhancement or the § 3B1.1(c) enhancement. See U.S.S.G. § 2D1.1(b)(12), comment. (n.17); U.S.S.G. § 3B1.1(c), comment (nn.2 & 4); United States v. Guzman-Reyes, 853 F.3d 260, 263-66 (5th Cir. 2017).

Accordingly, the judgment of the district court is AFFIRMED.