United States v. Sonnier

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-30720
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

YANCY TODD SONNIER, also known as Yancy Sonnier,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:18-CR-160-1

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*

Yancy Todd Sonnier pleaded guilty to one count of possession with intent
to distribute methamphetamine and one count of being a felon in possession of
a firearm. He now challenges the calculation of his advisory guidelines range,
contending that the district erred in adding two criminal history points
pursuant to U.S.S.G. § 4A1.1(d) based on its determination that he committed
relevant conduct while under a state parole sentence. We affirm.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
June 1, 2020

Lyle W. Cayce
Clerk
Case: 19-30720 Document: 00515436239 Page: 1 Date Filed: 06/01/2020

No. 19-30720
2
In light of the unrebutted facts in the presentence report, Sonnier fails
to demonstrate that the district court clearly or obviously erred in determining
that his conduct on March 13, 2017 was relevant conduct with respect to his
offense of conviction or that he was subject to a sentence of parole at that time.
See United States v. Barfield, 941 F.3d 757, 761-63 (5th Cir. 2019), cert. denied,
140 S. Ct. 1282 (2020). We are not persuaded that United States v. Rhine,
583 F.3d 878 (5th Cir. 2009), and United States v. Wall, 180 F.3d 641, 644 (5th
Cir. 1999), compel a different conclusion. Accordingly, the district court did
not err in applying § 4A1.1(d). See § 4A1.1, comment. (n.4).
AFFIRMED.
Case: 19-30720 Document: 00515436239 Page: 2 Date Filed: 06/01/2020