United States v. Lee ( 2023 )

Case: 23-30067 Document: 00516910953 Page: 1 Date Filed: 09/27/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-30067
Summary Calendar FILED
____________ September 27, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Denell Linn Lee,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:20-CR-153-1
______________________________
Before Smith, Higginson, and Engelhardt, Circuit Judges.
Per Curiam: *
Denell Lee appeals his convictions for possession of a firearm by a
felon, a violation of 18 U.S.C. § 922(g)(1), and possession of
methamphetamine, a violation of 21 U.S.C. § 841(a)(1). He was sentenced
within the guideline range to 115 months imprisonment. These charges result
from a traffic stop where police recovered a handgun and hundreds of
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-30067 Document: 00516910953 Page: 2 Date Filed: 09/27/2023
No. 23-30067
methamphetamine-based tablets. The police officer claims that Lee
consented to the search of his vehicle; Lee contests these facts. The police
car was equipped with a dash camera, but the video from that stop was
deleted. The district court determined the police officer’s account of the
traffic stop credible. Lee argues, however, that this video contained
exculpatory evidence and so the failure to preserve it prejudiced him. He also
contends that the sentence imposed by the district court was excessive in
light of mitigating factors.
We find Lee has not shown the traffic stop was improper or that the
deleted video of the stop contained exculpatory evidence. Before us he
presents only undeveloped or conclusional arguments that do not refute the
district court’s finding that the arresting officer’s description of the stop was
credible. See Fed. R. App. P. 28(a)(9); Yohey v. Collins, 985 F.2d 222, 225
(5th Cir. 1993); United States v. Harris, 740 F.3d 956, 968 (5th Cir. 2014).
We further find that Lee’s sentence was not excessive. The district
court considered the factors in the Sentencing Guidelines and Lee does not
allege error in that analysis, but rather only requests a different balance of the
factors. We assume that sentences within the guidelines are reasonable.
United States v. Alvarado, 691 F.3d 592, 597 (5th Cir. 2012); see Gall v. United
States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2