United States v. Williams ( 2002 )


Menu:
  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 02-50102
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ODELL WILLIAMS, JR.,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. W-01-CR-108-1
    --------------------
    August 20, 2002
    Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
    PER CURIAM:*
    Odell Williams, Jr., appeals his sentence following his
    guilty-plea conviction for distribution of cocaine base.   He
    contends that the district court erred in sentencing him as a
    career offender under U.S.S.G. § 4B1.1 because his two prior
    state drug convictions were part of a common scheme or plan and
    thus were related.
    *
    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    that this opinion should not be published and is not precedent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. 02-50102
    -2-
    To be deemed a career offender, a defendant must have “at
    least two prior felony convictions of either a crime of violence
    or a controlled substance offense.”    U.S.S.G. § 4B1.1.   “Prior
    sentences imposed in related cases are to be treated as one
    sentence . . . .”    U.S.S.G. § 4A1.2(a)(2).   “[P]rior sentences
    are considered related if they resulted from offenses that
    . . . were part of a single common scheme or plan . . . .”
    U.S.S.G. § 4A1.2, comment. (n.3).
    Williams has not alleged that he jointly planned his two
    prior drug offenses or that the commission of one offense
    entailed the commission of the other, as is required for a common
    scheme or plan.     See United States v. Robinson, 
    187 F.3d 516
    , 520
    (5th Cir. 1999).    Rather, Williams simply asserts that his two
    offenses were factually, temporally, and geographically alike,
    which is insufficient to establish a common scheme or plan.     See
    United States v. Garcia, 
    962 F.2d 479
    , 482 (5th Cir. 1992),
    abrogated on a different ground by Buford v. United States, 
    532 U.S. 59
    , 63, 66 (2001).    The district court thus did not err in
    determining that Williams’ two prior convictions were not part of
    a common scheme or plan and were not related for purposes of the
    career-offender guideline.    The judgment of the district court is
    AFFIRMED.
    

Document Info

Docket Number: 02-50102

Filed Date: 8/23/2002

Precedential Status: Non-Precedential

Modified Date: 4/17/2021