USA v. Donielle Ross

Filing

UNPUBLISHED OPINION FILED.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]

Case: 16-11443

Document: 00513976184

Page: 1

Date Filed: 05/02/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11443
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
May 2, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DONIELLE RASHI ROSS,
Defendant-Appellant
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 16-11443

Document: 00513976184

Page: 2

Date Filed: 05/02/2017

No. 16-11443
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
responsive brief.

The Government’s motion for summary affirmance is

GRANTED, and its alternative motion is DENIED.
AFFIRMED.

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