USA v. Detrick Dotson


UNPUBLISHED OPINION FILED. [16-11508 Affirmed] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 08/10/2017 for Appellant Detrick Ivre Dotson; granting motion for summary affirmance filed by Appellee USA [8476878-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8476878-3] [16-11508]

Download PDF
Case: 16-11508 Document: 00514081568 Page: 1 Date Filed: 07/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11508 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 20, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DETRICK IVRE DOTSON, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-23-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Detrick Ivre Dotson pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and was sentenced to forty-two months of imprisonment. He appeals his sentence, arguing that, in light of Johnson v. United States, 135 S. Ct. 2551 (2015), the district court erred in determining that his prior Texas conviction for aggravated robbery was a crime of violence for purposes of the sentencing guidelines. After Dotson filed his 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11508 Document: 00514081568 Page: 2 Date Filed: 07/20/2017 No. 16-11508 opening brief, the Supreme Court issued its opinion in Beckles v. United States, 137 S. Ct. 886 (2017), in which the Court held that Johnson does not apply to the sentencing guidelines. See Beckles, 137 S. Ct. at 890. The Government has filed an unopposed motion for summary affirmance in light of Beckles. Summary affirmance is proper where, among other things, “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case.” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The motion for summary affirmance is GRANTED, and the district court’s judgment is AFFIRMED. The Government’s alternative motion for an extension of time to file a brief is DENIED. 2

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?