United States v. Willie Carhee

Case: 18-31260 Document: 00515300448 Page: 1 Date Filed: 02/06/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-31260 FILED
Summary Calendar
February 6, 2020
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
WILLIE D. CARHEE,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:18-CR-28-1
Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Willie D. Carhee pleaded guilty pursuant to possession of a firearm by a
felon. The district court sentenced Carhee to 84 months of imprisonment and
imposed a three-year term of supervised release. Carhee argues that the
district court erroneously applied the U.S.S.G. § 2K2.1(b)(6)(B) enhancement
for possession of a firearm in connection with another felony offense because
the evidence did not support the factual finding that the firearms seized from
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-31260 Document: 00515300448 Page: 2 Date Filed: 02/06/2020
No. 18-31260
his home and place of employment were in close proximity to the marijuana
seized at both locations.
Carhee’s challenge to the enhancement is subject to plain error review
because he never advanced the specific argument to the district court
regarding the proximity of the firearms to the drugs. See United States v. Neal,
578 F.3d 270, 272 (5th Cir. 2009). The proximity question is a factual issue at
sentencing, see United States v. Coleman, 609 F.3d 699, 708 (5th Cir. 2010),
that is not reviewable under the plain error standard, United States v. Lopez,
923 F.2d 47, 50 (5th Cir. 1991). Therefore, Carhee cannot raise the
unpreserved argument for the first time on appeal. See id.AFFIRMED.
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