Testo completo
* 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that this opinion should not be published and is not precedent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. 02-40808
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DWIGHT DEON JONES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-108-ALL
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February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Dwight Deon Jones appeals the sentence imposed following his
conviction for possession with the intent to distribute of
cocaine in violation of 21 U.S.C. § 841(a)(1). The career
offender provision of the sentencing guidelines was not
improperly applied because Jones’s December 8, 1989, and July 14,
1990, offenses were separated by his arrest on December 19, 1989.
Because these two controlled substance offenses were separated by
an arrest, they qualify as distinct prior offenses and so satisfy
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No. 02-40808
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the requirements for application of U.S.S.G. § 4B1.1. United
States v. Brewster, 137 F.3d 853, 859 (5th Cir. 1998).
AFFIRMED.
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