United States v. Golden , 110 F. App'x 433 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2004
Charles R. Fulbruge III
Clerk
No. 04-30302
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLEVELAND WELDON GOLDEN, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 00-CR-53-1
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Cleveland Golden appeals the 120-month sentence he received
after he pleaded guilty to one count of armed bank robbery and to
one count of carrying a firearm in relation to a crime of
violence. Golden argues that the district court made a mistake
when it used a total offense level 26 after granting the
Government’s motion to reduce his sentence pursuant to FED. R.
CRIM. P. 35(b).
*
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this opinion should not be published and is not precedent except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.
No. 04-30302
-2-
Because the district court could on remand impose the same
120-month sentence under a reasonable application of the
Guidelines, and because such a sentence would be in compliance
with the terms of the plea agreement, Golden fails to meet his
burden of showing that the district court’s mistake constituted
plain error. See United States v. Wheeler, 322 F.3d 823, 827-28
(5th Cir. 2003); United States v. Calverley, 37 F.3d 160, 162-64
(5th Cir. 1994)(en banc)(citing United States v. Olano, 507 U.S.
725, 731-37 (1993)).
AFFIRMED.