United States v. William Mitchell ( 2019 )

Case: 18-10948 Document: 00514925684 Page: 1 Date Filed: 04/22/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-10948 April 22, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
WILLIAM DANTE MITCHELL,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-67-1
Before DAVIS, GRAVES, and HO, Circuit Judges.
PER CURIAM: *
William Dante Mitchell appeals the 180-month statutory minimum
sentence imposed following his guilty plea conviction for possession of a
firearm by a convicted felon. He argues that his prior Texas convictions of
possession with intent to deliver a controlled substance and delivery of a
controlled substance are not serious drug offenses for purposes of the Armed
Career Criminal Act enhancement under 18 U.S.C. § 924(e). The Government
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-10948 Document: 00514925684 Page: 2 Date Filed: 04/22/2019
No. 18-10948
has filed an unopposed motion for summary affirmance and, alternatively,
seeks an extension of time to file its brief.
As the Government argues and Mitchell concedes, his argument is
foreclosed by United States v. Cain, 877 F.3d 562, 562-63 (5th Cir. 2017), cert.
denied, 138 S. Ct. 1579 (2018), and United States v. Vickers, 540 F.3d 356, 363-
66 (5th Cir. 2008). Because the issue is foreclosed, summary affirmance is
appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th
Cir. 1969).
Accordingly, the Government’s motion for summary affirmance is
GRANTED and the judgment is AFFIRMED. The Government’s alternative
motion for an extension of time to file its brief is DENIED.
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