USA v. Silton Goutreaux


UNPUBLISHED OPINION FILED. [16-11585 Affirmed] Judge: JLW, Judge: JLD, Judge: LHS. Mandate issue date is 12/21/2017 for Appellant Silton Russell Goutreaux [16-11585]

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Case: 16-11585 Document: 00514253954 Page: 1 Date Filed: 11/29/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-11585 Summary Calendar FILED November 29, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SILTON RUSSELL GOUTREAUX, also known as “Pretty Boy”, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16-CR-111-2 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Silton imprisonment Russell for methamphetamine. Goutreaux conspiracy to appeals possess his 188-month with intent sentence to of distribute He argues that the district court’s calculation of the amount of drugs that his offense involved rested on statements in the presentence report (PSR) that lacked sufficient indicia of reliability. However, Goutreaux fails to show that the information contained in the PSR was 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11585 Document: 00514253954 Page: 2 Date Filed: 11/29/2017 No. 16-11585 materially untrue, inaccurate, or unreliable. See United States v. Harris, 702 F.3d 226, 229–31 (5th Cir. 2012). Goutreaux also challenges the two-level firearm enhancement in U.S.S.G. § 2D1.1(b)(1). The district court’s determination that the enhancement applies is a factual finding, which we review for clear error. United States v. King, 773 F.3d 48, 52 (5th Cir. 2014). Goutreaux fails to show that the finding was not plausible in light of the record as a whole. See id. AFFIRMED. 2

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