United States v. Davis , 84 F. App'x 449 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 6, 2004
Charles R. Fulbruge III
Clerk
No. 03-50719
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONIA ANISSIA DAVIS, also known as Tonia Davis,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-02-CR-66-3
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Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Tonia Anissia Davis appeals the sentence imposed following her
guilty-plea conviction for conspiracy to make, utter, and possess
a counterfeit United States Security in violation of
18 U.S.C. §§ 371, 513(a). We review the district court’s findings
of fact at sentencing for clear error, and its application of
the sentencing guidelines de novo. United States v. Anderson, 174
F.3d 515, 524 (5th Cir. 1999).
*
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that this opinion should not be published and is not precedent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. 03-50719
-2-
Davis argues that the district court erred in finding that all
of the checks seized were passable when determining the total
amount of the loss involved in this case. With respect to all
of the checks, except for one, check number 87561466, payable to
Velma Ervin in the amount of $1,395.20, Davis has not shown that
the district court clearly erred in finding them to be passable.
See Anderson, 174 F.3d at 524. Whether the district court erred in
finding the $1,395.20 check to be passable is arguable. However,
even assuming error, such error is harmless because Davis’
guideline imprisonment range would have remained the same and there
is no indication in the record that the specific amount of the loss
within the applicable range of loss affected the district court’s
selection of the 18-month sentence imposed. See Williams v. United
States, 503 U.S. 193, 203 (1992).
AFFIRMED.