Summary Calendar UNITED STATES OF AMERICA v. Victoria Louise Mehis

* 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this opinion should not be published and is not precedent except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
March 6, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40754
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
VICTORIA LOUISE MEHIS
Defendant - Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-919-ALL
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Before KING, WIENER and DeMOSS, Circuit Judges.
PER CURIAM:*
Victoria Louise Mehis appeals the sentence imposed following
her guilty-plea conviction of possessing with the intent to
distribute approximately 45.85 kilograms of cocaine. She argues
that the district court erroneously calculated her criminal
history category for purposes of applying the United States
Sentencing Guidelines by considering a prior, uncounseled
misdemeanor conviction of possessing marijuana when assessing her
criminal history points. She contends that her waiver of the

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No. 05-40754
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right to counsel in that case was invalid because the district
court failed to inform her that she was entitled to be
represented during her guilty plea by court appointed counsel.
The records pertaining to Mehis’s conviction of possessing
marijuana indicate that Mehis knowingly and voluntarily waived
her right to be represented by counsel when she entered her
guilty plea. See Iowa v. Tovar, 541 U.S. 77, 88-94 (2004).
Accordingly, the district court did not misapply the Sentencing
Guidelines by using Mehis’s prior conviction for purposes of
determining her criminal history score.
The judgment of the district courts is AFFIRMED.

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