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United States v. Gary Howard
670 F. App'x 344
| 5th Cir. | 2016
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Docket

*1 Before KING, DENNIS, COSTA, Circuit Judges.

PER CURIAM: [*]

Gary Howard appeals his 240-month, below-guidelines prison sentence for conspiring to possess intending to distribute a controlled substance. Specifically, he challenges sentencing enhancements he received under U.S.S.G. § 2D1.1(b)(12) for maintaining a premises to distribute drugs and under U.S.S.G. § 3A1.2(c)(1) for assaulting a law enforcement officer. *2 Case: 15-11205 Document: 00513760384 Page: 2 Date Filed: 11/15/2016

No. 15-11205

After overruling Howard’s objections to the guidelines calculations in the presentence report, the district court explained that it would impose the same sentence even if those rulings were incorrect. It reasoned that a 240-month sentence was warranted based on the quantity of drugs involved in the offense and Howard’s other criminal conduct, including his role in running credit card scams. Accordingly, any error in applying the Guidelines would be harmless. See United States v. Gutierrez-Mendez , 752 F.3d 418, 430 (5th Cir. 2014); United States v. Ibarra-Luna , 628 F.3d 712, 714 (5th Cir. 2010).

AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Gary Howard
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 15, 2016
Citation: 670 F. App'x 344
Docket Number: 15-11205 Summary Calendar
Court Abbreviation: 5th Cir.
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