USA v. Terry Robinson


UNPUBLISHED OPINION FILED. [13-50681 Affirmed ] Judge: TMR , Judge: ECP , Judge: JWE Mandate pull date is 05/23/2014 for Appellant Terry Dwayne Robinson [13-50681]

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Case: 13-50681 Document: 00512616934 Page: 1 Date Filed: 05/02/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-50681 Summary Calendar FILED May 2, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TERRY DWAYNE ROBINSON, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:13-CR-111-1 Before REAVLEY, PRADO, and ELROD, Circuit Judges. PER CURIAM: * Terry Dwayne Robinson appeals the 120-month sentence he received following his guilty plea conviction for aiding and abetting the possession with intent to distribute 28 grams or more of cocaine base. In his sole argument, he asserts that his sentence was substantively unreasonable in light of the Attorney General’s institution of a new policy shortly after the date of his sentencing; this policy advises prosecutors not to allege facts triggering a 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-50681 Document: 00512616934 Page: 2 Date Filed: 05/02/2014 No. 13-50681 mandatory minimum sentence in drug cases unless there exist aggravating circumstances. Because Robinson was sentenced before the date of the Attorney General’s memorandum, he is not entitled to relief under it. See United States v. Barnes, 730 F.3d 456, 459-60 (5th Cir. 2013). Moreover, the policy specifically provides that it does not intend to confer any rights or benefits in any proceeding. Id. As a result, Robinson is unable to show that the district court committed a clear or obvious error in its imposition of a within-guidelines sentence. See Puckett v. United States, 556 U.S. 129, 135 (5th Cir. 2009). The judgment of the district court is therefore AFFIRMED. 2

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