United States v. Pollard ( 2023 )

Case: 23-30233 Document: 00516932634 Page: 1 Date Filed: 10/16/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-30233 FILED
Summary Calendar October 16, 2023
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Donald Leonard Pollard, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:21-CR-251-1
______________________________
Before King, Haynes, and Graves, Circuit Judges.
Per Curiam: *
Donald Leonard Pollard, Jr., pleaded guilty to count 3 of a five-count
indictment charging him with distribution of methamphetamine, and he was
sentenced to a 300-month term of imprisonment and to a five-year period of
supervised release.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-30233 Document: 00516932634 Page: 2 Date Filed: 10/16/2023
No. 23-30233
At sentencing, the district court overruled Pollard’s objection to
consideration of the conduct underlying the dismissed counts 1, 2, 4, and 5
as relevant conduct in determining the drug quantity. Pollard was ultimately
sentenced as a career offender under U.S.S.G. § 4B1.1, and he has appealed
his sentence.
Pollard contends that the district court erred in its relevant-conduct
finding. We have not reached this question because any error was harmless.
Pollard’s offense level was determined on the basis of his career-offender
designation, which did not depend upon the court’s relevant conduct finding.
See United States v. Bams, 858 F.3d 937, 948-49 (5th Cir. 2017). The
judgment is AFFIRMED.
The case is REMANDED to the district court for the limited
purposed of correcting the judgment to list the correct statute of conviction.
See Fed. R. Crim. P. 36; see also 21 U.S.C. § 841(b)(1)(A)(viii).
2