United States v. Melone

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 25, 2008
No. 05-30604
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
LEVI MELONE, also known as Bubba Chicken
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:03-CR-355-7
Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Levi Melone appeals the sentence imposed following his conviction for
conspiracy to distribute and possess with the intent to distribute five kilograms
or more of cocaine hydrochloride and 50 grams or more of cocaine base and use
of a communication facility in a drug trafficking offense. Melone argues that the
district court erred by applying 21 U.S.C. § 851(e) to hold that his denial of a
prior conviction was time barred.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
No. 05-30604
The evidence before the district court established the fact of Melone’s prior
conviction. Melone offered no argument or evidence before the district court, nor
has he offered any before this court, that calls into question his identity as the
offender named in the prior conviction. Accordingly, he has not shown error in
the application of the enhancement, and his conviction is affirmed. See United
States v. Majors, 328 F.3d 791, 796-97 (5th Cir. 2003); United States v. Garcia,
954 F.2d 273, 277-78 (5th Cir. 1992).
AFFIRMED.
2