United States v. Hardee

Case: 20-50480 Document: 00515739250 Page: 1 Date Filed: 02/09/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-50480 February 9, 2021
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jesse Ray Hardee,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-265-1
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Jesse Ray Hardee appeals his 365-month, within-guidelines sentence
for conspiring to possess with intent to distribute 50 grams or more of
methamphetamine. He contends that the district court miscalculated the
quantity of drugs for which he was responsible in determining his guidelines
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-50480 Document: 00515739250 Page: 2 Date Filed: 02/09/2021
No. 20-50480
range. We review the district court’s drug-quantity calculation for clear
error. See United States v. Eustice, 952 F.3d 686, 690 (5th Cir.), cert. denied,
141 S. Ct. 433 (2020).
Although Hardee contends that the calculation was undermined by
the testimony of his mother at sentencing, the district court found that she
lacked credibility, and we will not disturb that determination. See United
States v. Goncalves, 613 F.3d 601, 609 (5th Cir. 2010). Hardee’s bald
contention that the district court improperly relied upon the presentence
report lacks merit. See Eustice, 952 F.3d at 691. Finally, because Hardee
challenges his guidelines range, not a mandatory minimum sentence, his
reliance upon United States v. Haines, 803 F.3d 713, 740 (5th Cir. 2015), is
misplaced. See United States v. Bowen, 818 F.3d 179, 192 n.8 (5th Cir. 2016).
Hardee fails to show any, much less clear, error. See Eustice, 952 F.3d at 690-
91.
AFFIRMED.
2