United States v. Alex Anderson

Case: 17-30690 Document: 00514787607 Page: 1 Date Filed: 01/09/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-30690 January 9, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
ALEX KIRBY ANDERSON, also known as Gmb Tutru Anderson,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:16-CR-269-1
Before DAVIS, HAYNES and HO, Circuit Judges.
PER CURIAM: *
Alex Kirby Anderson pleaded guilty to possession of a firearm by a
convicted felon and was sentenced within the advisory guidelines range to 78
months of imprisonment. He appeals that sentence, arguing that in light of
Mathis v. United States, 136 S. Ct. 2243 (2016), his previous conviction under
a Louisiana statute, LA. STAT. 40:966(A)(1), for possession with intent to
distribute a controlled substance, does not qualify as a controlled substance
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-30690 Document: 00514787607 Page: 2 Date Filed: 01/09/2019
No. 17-30690
offense under U.S.S.G. § 4B1.2(b). He therefore contends that the district court
erred in applying the enhanced base offense level under U.S.S.G. § 2K2.1(a)(3).
Because Anderson did not object to the base offense level in the district
court, our review is limited to plain error. See Puckett v. United States, 556
U.S. 129, 135 (2009). To establish plain error, Anderson must show, among
other things, a forfeited error that is clear or obvious. See id. Anderson has
not shown that his challenge to the calculation of his base offense level under
§ 2K2.1(a)(3) is not subject to reasonable dispute. See Puckett, 556 U.S. at 135.
Therefore, the judgment of the district court is AFFIRMED.
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