United States v. Williams

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 3, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-30145
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DORAL WILLIAMS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:04-CR-50116
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Doral Williams appeals the 87-month prison sentence imposed
after he pleaded guilty to being a felon in possession of a
firearm. The sentence was increased under the now-advisory
sentencing guidelines based on the district court’s finding that
Williams possessed the firearm in connection with the felony of
illegal discharge of a firearm.
Williams fails to show that the district court plainly erred
by applying the “preponderance” standard, or by finding that

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No. 05-30145
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Williams illegally discharged the firearm, or by declining to
conclude sua sponte that the discharge of the weapon was
justified by self-defense. See United States v. Partida, 385
F.3d 546, 565 (5th Cir. 2004) (plain error review), cert. denied
sub nom., Vigil v. United States, 125 S. Ct. 1616 (2005). The
judgment of the district court therefore is
AFFIRMED

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