United States v. Burnett

* 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that this opinion should not be published and is not precedent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 21, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40998
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONNIES RAY BURNETT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-34-ALL
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Donnies Ray Burnett (Burnett) appeals the sentence imposed
following his guilty-plea conviction for distributing crack
cocaine within 1000 feet of a school in June 2000. Burnett
argues that the district court erred in including as relevant
conduct for sentencing purposes his subsequent October 2000
arrest for possession of crack cocaine.
Burnett has not shown that the district court clearly erred
in including the October 2000 offense as relevant conduct; the

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No. 02-40998
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offenses were sufficiently connected to warrant a conclusion that
they were part of the same course of conduct. See United States
v. Ocana, 204 F.3d 585, 589-90 (5th Cir. 2000).
AFFIRMED.

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