United States v. Means

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-30620
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ERIC CHARLES MEANS,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:18-CR-256-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
*

Eric Charles Means was convicted on charges of possession with intent
to distribute methamphetamine and possession of firearms in furtherance of a
drug-trafficking crime. Applying the career-offender enhancement, the district
court imposed a sentence of 262 months on the drug count and a consecutive
sentence of 60 months on the firearms count. Means appeals, claiming the 262-
month sentence reflects a misapplication of the Sentencing Guidelines. “An

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
April 3, 2020

Lyle W. Cayce
Clerk
Case: 19-30620 Document: 00515372018 Page: 1 Date Filed: 04/03/2020

No. 19-30620
2
error in applying the guidelines is a significant procedural error that
constitutes an abuse of discretion.” United States v. Moody, 564 F.3d 754, 759
(5th Cir. 2009) (internal quotation marks and citation omitted). We review a
district court’s application of the Guidelines de novo. Id.
Means contends that under U.S.S.G. § 5G1.2(e), the district court was
required to reduce his 262-month sentence on the drug count by 60 months to
offset his sentence on the firearms count. We find no basis for this claim. The
district court identified a guidelines range of 262 to 327 months under U.S.S.G.
§ 4B1.1(c). In accordance with § 5G1.2(e), the court then determined a total,
within-guidelines term of 322 months and apportioned it between the counts
of conviction. Means has shown, and we can discern, no error.
AFFIRMED.
Case: 19-30620 Document: 00515372018 Page: 2 Date Filed: 04/03/2020