USA v. Antonio Maldonado

Filing

UNPUBLISHED OPINION FILED. [14-40562 Affirmed ] Judge: ECP , Judge: PRO , Judge: JEG Mandate pull date is 07/09/2015 for Appellant Antonio Maldonado [14-40562]

Case: 14-40562

Document: 00513084324

Page: 1

Date Filed: 06/18/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 14-40562
Summary Calendar

FILED
June 18, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
ANTONIO MALDONADO,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:12-CR-175
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *

Antonio Maldonado appeals the 180-month sentence for his conviction
for being a felon in possession of a firearm. He contends that the district court
failed to recognize its authority to depart pursuant to 18 U.S.C. § 3584 and
U.S.S.G. § 5G1.3(c), p.s. (2013) below the mandatory minimum sentence in
18 U.S.C. § 924(e)(1) to credit him for the time he spent in state custody prior
to his federal sentencing.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40562

Document: 00513084324

Page: 2

Date Filed: 06/18/2015

No. 14-40562
Contrary to his argument, Maldonado did not preserve this claim. See
United States v. Neal, 578 F.3d 270, 272 (5th Cir. 2009). Thus, plain error
review applies. See Puckett v. United States, 556 U.S. 129, 135 (2009).
We may only review the district court’s decision that it lacked authority
to depart. United States v. James, 468 F.3d 245, 246-47 (5th Cir. 2006) (per
curiam); United States v. Sam, 467 F.3d 857, 861 (5th Cir. 2006). None of the
authorities relied on by Maldonado clearly authorize a departure below the
mandatory minimum sentence. Thus, even if the district court erred, the error
was not plain. See Puckett, 556 U.S. at 135.
The judgment of the district court is AFFIRMED.

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