United States v. Thackerson ( 2023 )

Case: 22-10675 Document: 00516690552 Page: 1 Date Filed: 03/27/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10675
Summary Calendar FILED
____________ March 27, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Ashley Latreece Thackerson,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:21-CR-58-13
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
Ashley Latreece Thackerson appeals the sentence imposed following
her guilty plea conviction for conspiracy to distribute and possess 50 grams
or more of methamphetamine with intent to distribute. Relying on United
States v. Lopez, 998 F.3d 431 (9th Cir. 2021), Thackerson argues that she is
eligible for safety valve relief under 18 U.S.C. § 3553(f) and that her statutory
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10675 Document: 00516690552 Page: 2 Date Filed: 03/27/2023
No. 22-10675
mandatory minimum prison term of 120 months should be vacated. The
Government has filed an opposed motion for summary affirmance or, in the
alternative, for an extension of time to file an appellate brief.
Thackerson’s argument is now foreclosed by our recent decision in
United States v. Palomares, 52 F.4th 640 (5th Cir. 2022), petition for cert. filed
(U.S. Dec. 21, 2022) (No. 22-6391). Because Thackerson ran afoul of
§ 3553(f)(1)(B)’s requirement that she not have a prior three-point criminal
offense, she was ineligible for relief under § 3553(f). See Palomares, 52 F.4th
at 647.
In light of the foregoing, the judgment of the district court is
AFFIRMED. The Government’s motion for summary affirmance and
alternative motion for an extension of time to file a brief are DENIED. See
United States v. Bailey, 924 F.3d 1289, 1290 (5th Cir. 2019).
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