United States v. Major , 97 F. App'x 492 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
May 21, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-41481
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MICHAEL WAYNE MAJOR
Defendant - Appellant
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3:93-CR-9-1
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Before KING, Chief Judge, and DeMOSS and STEWART, Circuit Judges.
PER CURIAM:*
Michael Wayne Major (Major) appeals the sentence imposed
after his guilty-plea conviction for conspiring to cultivate more
than 3000 marijuana plants. Wayne contends that the district
court improperly increased his sentencing guidelines offense
level for possessing a dangerous weapon in connection with the
crime. He also contends that the court should have given him an
offense level reduction for acceptance of responsibility, despite
*
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that this opinion should not be published and is not precedent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. 03-41481
-2-
the fact that he was a fugitive for nine years after he was first
arrested.
Even were Major’s claims meritorious, which they are not
under the proper “clear error” standard of review, any error
would be harmless. Major was sentenced to the mandatory minimum
sentence of ten years’ imprisonment and five years’ supervised
release under 21 U.S.C. § 841(b)(1)(A) & (A)(vii). Even if his
guidelines range was reduced to less than ten years, Major’s
sentence would not be affected. See U.S.S.G. § 5G1.1(b) & (c);
see also Williams v. United States, 503 U.S. 193, 203 (1992)
(harmless error); United States v. Tello, 9 F.3d 1119, 1131 (5th
Cir. 1993). The judgment of the district court is
AFFIRMED.