United States v. Brown

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40207
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLIVE ANTHONY BROWN,
also known as David Anthony Little,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-134-1
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August 23, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Clive Anthony Brown appeals his sentence following a guilty
plea for illegal reentry into the United States following
deportation. He argues that the presentencing report (PSR)
incorrectly calculated his criminal history score and that the
district court erred when it relied on the PSR’s recommended
sentencing range. Specifically, he argues that the PSR should
have treated two separate weapons offenses as related offenses
when calculating his criminal history score because the two

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No. 00-40207
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offenses were part of the same sentencing proceeding. The issue
was not raised at sentencing; therefore, it is reviewed for plain
error. United States v. Dabeit, 231 F.3d 979, 983 (5th Cir.
2000), cert. denied, 121 S. Ct. 1214 (2001); United States v.
Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc).
There was not enough information in the record to support a
finding that the two weapons offenses were related. See United
States v. Huskey, 137 F.3d 283, 288 (5th Cir. 1988). The
offenses occurred on April 7, 1986, and September 10, 1987. As
reported in the PSR, they were factually unrelated to one another
and were charged in separate indictments. Moreover, there is no
indication that they were consolidated under the same docket
number. Accordingly, Brown’s sentence is AFFIRMED.

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