United States v. Mecham ( 2021 )

Case: 20-40761 Document: 00515823889 Page: 1 Date Filed: 04/15/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 15, 2021
No. 20-40761 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Clifford Laverne Mecham, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:18-CR-1339-1
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Clifford Laverne Mecham, Jr., appeals the sentence imposed at
resentencing for his conviction for possession of child pornography. This
court previously vacated Mecham’s sentence based on the district court’s
misapplication of the U.S.S.G. § 2G2.2(b)(4)(A) enhancement. Mecham
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-40761 Document: 00515823889 Page: 2 Date Filed: 04/15/2021
No. 20-40761
has moved for summary disposition, asserting that 18 U.S.C.
§§ 2252A(a)(5)(B) and 2256(8)(C) are unconstitutional as applied to him.
“On a second appeal following remand, the only issue for
consideration is whether the [district court] reached its final decree in due
pursuance of [this court’s] previous opinion and mandate.” Burroughs v. FFP
Operating Partners, 70 F.3d 31, 33 (5th Cir. 1995). Because Mecham’s
argument challenging the constitutionality of §§ 2252A(a)(5)(B) and
2256(8)(C) as applied to him is beyond this court’s remand order, we decline
to consider it. See Burroughs, 70 F.3d at 33.
Accordingly, Mecham’s motion for summary disposition is
DENIED. The judgment of the district court is AFFIRMED.
2