USA v. Melvin Jackson


UNPUBLISHED OPINION FILED. [17-30387 Affirmed] Judge: EGJ, Judge: PRO, Judge: CH. Mandate issue date is 12/01/2017 for Appellant Melvin Jackson; granting motion for summary affirmance filed by Appellant Mr. Melvin Jackson [8564042-2]; denying motion to extend time to file appellant's brief filed by Appellant Mr. Melvin Jackson [8564042-3]; denying motion to extend time to file record excerpts filed by Appellant Mr. Melvin Jackson [8564042-4] [17-30387]

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Case: 17-30387 Document: 00514232629 Page: 1 Date Filed: 11/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-30387 Summary Calendar FILED November 9, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MELVIN JACKSON, also known as Melvo Jackson, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:13-CR-189-1 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Melvin Jackson was convicted of conspiracy, being a felon in possession of a firearm, and possession with the intent to distribute heroin. United States v. Jackson, 662 F. App’x 310, 312 (5th Cir. 2016). On appeal, Jackson raised several issues, including a constitutional challenge to his sentence that was foreclosed by United States v. Hernandez, 633 F.3d 370, 374 (5th Cir. 2011). See Jackson 662 F. App’x at 312, 319. We affirmed Jackson’s conviction but 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-30387 Document: 00514232629 Page: 2 Date Filed: 11/09/2017 No. 17-30387 vacated and remanded the sentence for further consideration of the application of a sentencing enhancement based on the severity of the injury to the victim. Id. at 318-20. On remand, the district court found that the sentencing enhancement was appropriate. Jackson does not challenge this finding. On appeal, Jackson states that in his initial appeal he raised the issue that his sentence was unconstitutional because it was based on uncharged conduct. Jackson concedes that this argument is foreclosed by Hernandez, but he raises the issue again to preserve it for possible further review. Accordingly, Jackson’s unopposed motion for summary disposition is GRANTED, his alternative motion for an extension of time is DENIED, and the district court’s judgment is AFFIRMED. 2

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