USA v. Melvin Evins Nance

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-14595
Non-Argument Calendar
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D.C. Docket No. 2:14-cr-00006-LGW-JEG-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MELVIN EVINS NANCE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Georgia
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(May 26, 2015)
Before TJOFLAT, JORDAN and JILL PRYOR, Circuit Judges.
PER CURIAM:
Case: 14-14595 Date Filed: 05/26/2015 Page: 1 of 2

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Melvin Evins Nance plead guilty to escape from custody, in violation of 18
U.S.C. § 751, and the District Court sentenced him to a prison term of 31 months,
well within the Guidelines sentence range of 27 to 33 months. He appeals his
sentence, arguing that the District Court committed procedural error: in
determining the Guidelines sentence range, the court erred in increasing the
sentence range on the ground that he used force against another person. He further
argues that the altercation upon which the court relied was unrelated to the charged
escape and therefore did not consist of relevant conduct.
We need not reach the merits of Nance’s appeal. The District Court stated at
sentencing that it would have imposed the same sentence based on the 18 U.S.C.
§ 3553(a) sentencing factors, regardless of the Guidelines sentence range. In light
of this statement, any procedural error the court may have committed in calculating
the sentence range was harmless. United States v. Kapordelis, 569 F.3d 1291,
1315 (11th Cir. 2009).
AFFIRMED.
Case: 14-14595 Date Filed: 05/26/2015 Page: 2 of 2

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