United States v. Stewart ( 2023 )

Case: 22-10882 Document: 00516634649 Page: 1 Date Filed: 02/03/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10882
Summary Calendar FILED
____________ February 3, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Lashawna Lashae Stewart,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-76-1
______________________________
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam: *
Lashawna Lashae Stewart pleaded guilty to one count of bank robbery
in violation of 18 U.S.C. § 2113(a) and was sentenced to 160 months of
imprisonment. Stewart challenges her sentence enhancement under
U.S.S.G. § 4B1.2, arguing that federal bank robbery is not a crime of violence.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10882 Document: 00516634649 Page: 2 Date Filed: 02/03/2023
No. 22-10882
The Government has filed an unopposed motion for summary
affirmance, correctly asserting that the issue raised on appeal is foreclosed.
See United States v. Butler, 949 F.3d 230, 232-36 (5th Cir. 2020); United
States v. Brewer, 848 F.3d 711, 714-16 (5th Cir. 2017). Stewart concedes that
the sole issue raised on appeal is foreclosed by our precedent, but she seeks
to preserve it for further review. Accordingly, summary affirmance is
appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th
Cir. 1969). The Government’s motion for summary affirmance is
GRANTED, and the district court’s judgment is AFFIRMED. The
Government’s alternative motion for an extension of time to file a brief is
DENIED.
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