United States v. Neal ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT April 17, 2006
Charles R. Fulbruge III
Clerk
No. 05-60104
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROY MILTON NEAL,
also known as Solo,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Mississippi
(2:04-CR-95)
Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Roy Milton Neal appeals his sentence following his guilty-plea
conviction for being a felon in possession of a firearm, contending
his 115-month sentence, imposed after the Supreme Court’s decision
in United States v. Booker, 543 U.S. 220 (2005), is unreasonable.
Specifically, Neal claims the district court’s assessment of a
four-level increase under U.S.S.G. § 2K2.1(b)(5) (increase of base-
level offense where defendant used or possessed firearm in
*
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this opinion should not be published and is not precedent except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.
connection with another felony offense) was improper because the
facts underlying the enhancement exceeded the scope of his guilty-
plea admissions.
Contrary to Neal’s claim, the district court was permitted to
look beyond Neal’s guilty-plea admissions for purposes of
determining his post-Booker sentence. See United States v. Mares,
402 F.3d 511, 519 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005).
The district court heard testimony on the § 2K2.1(b)(5) four-level
increase and concluded the enhancement was supported by proof “far
beyond a reasonable doubt”. Because Neal’s sentence fell within a
properly calculated guideline range, it is presumptively
reasonable. See United States v. Alonzo, 435 F.3d 551, 554 (5th
Cir. 2006).
AFFIRMED
2