USA v. Donielle Ross
UNPUBLISHED OPINION FILED. [16-11443 Affirmed ] Judge: EGJ , Judge: JES , Judge: JEG Mandate pull date is 05/23/2017 for Appellant Donielle Rashi Ross; granting motion for summary affirmance filed by Appellee USA [8420045-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8420045-3] [16-11443]
Date Filed: 05/02/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
May 2, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
DONIELLE RASHI ROSS,
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-192-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Donielle Rashi Ross appeals the sentence imposed pursuant to his
convictions for being a felon in possession of a firearm, possession with intent
to distribute a controlled substance, and possession of a firearm in furtherance
of a drug trafficking offense. Ross argues that the district court erred in
classifying his prior assault conviction under Texas Penal Code § 22.01(a)(1)
and (b)(2)(B) as a “crime of violence” for purposes of a U.S.S.G. § 2K2.1(a)(4)(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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 05/02/2017
enhancement; however, he concedes that the issue is foreclosed by United
States v. Howell, 838 F.3d 489, 501-03 (5th Cir. 2016), cert. denied, 137 S. Ct.
1108 (2017), and raises it solely to preserve its further review. Howell held
that the offense of assault under Texas Penal Code § 22.01(a)(1) and (b)(2)(B)
is a crime of violence under the Sentencing Guidelines. 838 F.3d at 501-03.
The Government has moved unopposed and pursuant to Howell for summary
affirmance or, in the alternative, for an extension of time in which to file a
The Government’s motion for summary affirmance is
GRANTED, and its alternative motion is DENIED.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?