United States v. Michael Leonard Payne , 200 F. App'x 864 ( 2006 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
October 10, 2006
No. 06-12343 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-00105-CR-ORL-22-KRS
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL LEONARD PAYNE,
a.k.a. Michael Leonard Payne, Jr.,
a.k.a. Michael A. Payne,
a.k.a. Michael L. Payne,
a.k.a. Michael Lenard Payne,
a.k.a. Michale L. Payne, Jr.,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(October 10, 2006)
Before CARNES, HULL and PRYOR, Circuit Judges.
PER CURIAM:
Michael Leonard Payne appeals his 180-month sentence imposed after he
pled guilty to (1) possession of ammunition by a convicted felon, in violation of 18
U.S.C. § 922(g)(1); and (2) possession with intent to distribute and distribution of
five grams or more of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). On
appeal, Payne argues that the district court erred by not sentencing him below the
mandatory minimum sentence of 15 years’ imprisonment on his conviction for
possession of ammunition.1 We disagree. The district court correctly determined
that it did not have discretion to sentence Payne below the mandatory minimum
sentence of 15 years’ imprisonment. See United States v. Brehm, 442 F.3d 1291,
1300 (11th Cir. 2006), petition for cert. filed, (U.S. Sept. 12, 2006) (No. 06-6496);
see also United States v. Shelton, 400 F.3d 1325, 1333 n.10 (11th Cir. 2005) (“We
emphasize that the district court was, and still is, bound by the statutory
minimums.”). Accordingly, we affirm.
AFFIRMED.
1
It is undisputed that Payne was subject to a mandatory minimum sentence of 15 years’
imprisonment, pursuant to 18 U.S.C. § 924(e)(1), because he had at least three previous
convictions for a violent felony or a serious drug offense.
2