324 F. App'x 395
5th Cir.
2009

UNITED STATES of America, Plaintiff-Appellee v. Thalisha DAVIS, also known as Thalisha Smith, Defendant-Appellant.

No. 08-30965

United States Court of Appeals, Fifth Circuit.

May 1, 2009.

319 Fed. Appx. 395

Summary Calendar.

Alan A. Stevens, U.S. Attorney‘s Office, Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee.

Rebecca L. Hudsmith, Federal Public Defender, Federal Public Defender‘s Office, Western District of Louisiana, Lafayette, LA, for Defendant-Appellant.

Before WIENER, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

Thalisha Davis pleaded guilty to two counts of making false claims and one count of theft of government property. She appeals the imposition of a two-level enhancement to her base offense level pursuant to U.S.S.G. § 2B1.1(b)(10)(C)(i). Davis argues that § 2B1.1(b)(10)(C)(i) is inapplicable because, in providing social security numbers assigned to others in making applications for disaster relief benefits with the Federal Emergency Management Agency, she did not use one means of identification to produce another means of identification. The commentary to the Sentencing Guidelines indicates that a bank loan account number qualifies as another means of identification that can be obtained unlawfully pursuant to § 2B1.1(b)(10)(C)(i). In light of the similarity between that example and the instant application of the guideline, we hold that the district court did not plainly err. See United States v. Peltier, 505 F.3d 389, 392 (5th Cir.2007), cert. denied, — U.S. —, 128 S.Ct. 2959, 171 L.Ed.2d 892 (2008); see also § 2B1.1, cmt. n. 9(C)(ii)(I).

AFFIRMED.

Theresa Ann DOBBS, Plaintiff-Appellant, v. Lupe VALDEZ, in her official capacity as Sheriff of the County of Dallas, Texas, Defendant-Appellee.

No. 08-11063

United States Court of Appeals, Fifth Circuit.

May 1, 2009.

319 Fed. Appx. 395

Summary Calendar.

Charles W. McGarry, Law Office of Charles McGarry, Dallas, TX, for Plaintiff-Appellant.

Dolena Tutt Westergard, District Attorney‘s Office, Dallas, TX, for Defendant-Appellee.

Before DAVIS, GARZA and PRADO, Circuit Judges.

PER CURIAM:*

We agree with the district court that even if Dobbs’ extended detention by county and city officials amounted to a constitutional violation, no summary judgment evidence established any official policy or custom by the city or sheriff sanctioning such violations.

We therefore affirm the judgment of the district court for this reason and the additional reasons advanced by the district court in its careful Memorandum Opinion and Order of July 3, 2008.

AFFIRMED.

Notes

*
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. 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.