United States, et al v. Jackson

* 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that this opinion should not be published and is not precedent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.
REVISED, OCTOBER 24, 2000
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30898
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANK S. JACKSON, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CR-25-ALL-M
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September 1, 2000
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Frank S. Jackson, Jr., appeals from his jury-verdict
conviction for being a felon in possession of a firearm which had
been shipped in interstate commerce. He argues that the district
court erred in adding three criminal history points for his prior
conviction for attempted manslaughter. Because he failed to
object to this issue in district court, our review is limited to
plain error. See United States v. Ocana, 204 F.3d 585, 588 (5th
Cir. 2000).

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No. 99-30898
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Jackson’s sentence for his attempted-manslaughter conviction
included a two-year term of imprisonment as a condition of his
probation, and he was given credit for time served. His prior
sentence therefore qualified as a sentence of imprisonment
exceeding one year and one month under U.S.S.G. § 4A1.1(a). See
U.S.S.G. §§ 4A1.1(a), 4A1.2(b), 4A1.2, comment. (n.2); see also
United States v. Brown, 54 F.3d 234, 239-40 (5th Cir.
1995)(defendant, who was given credit for time served, actually
served part of his prior sentence, thereby qualifying such prior
sentence as a sentence of imprisonment under § 4A1.1(a)). The
district court did not err in adding three points for his prior
sentence under § 4A1.1(a), and its judgment is AFFIRMED.
Jackson has moved this court for appointment of substitute
counsel. Given the disposition of the instant appeal and the
fact that his currently appointed counsel appears to have
rendered meaningful assistance, his motion is DENIED.
AFFIRMED; MOTION DENIED.

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