United States v. Davis ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30737
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BURNELL DAVIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CR-323-ALL
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Burnell Davis appeals from his sentence for being a
convicted felon in possession of a firearm. He contends solely
that the district court erred by calculating his base offense
level as 20 because his previous state-court conviction of simple
burglary of an inhabited dwelling was a “crime of violence” for
purposes of U.S.S.G. § 2K2.1(a)(4)(A). Davis’s contention is
frivolous; simple burglary of an inhabited dwelling is a “crime
of violence” for guideline purposes. See United States v.
*
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that this opinion should not be published and is not precedent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. 97-30737
-2-
Claiborne 132 F.3d 253, 255-56 (5th Cir. 1998); United States v.
Guadardo, 40 F.3d 102, 103-05 (5th Cir. 1994); § 4B1.2(a)(2).
APPEAL DISMISSED. 5TH CIR. R. 42.2.