United States v. O'Neal

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50251
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CHARLOTTE NICOLE O’NEAL,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:18:CR-257-13

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
*

Charlotte Nicole O’Neal pleaded guilty to conspiracy to possess with
intent to distribute methamphetamine, and the district court imposed a
sentence of 120 months in prison to be followed by five years of supervised
release. On appeal, O’Neal argues that the Government breached the terms of
the plea agreement by failing to discharge its obligation to inform the district
court of the nature and extent of her cooperation.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
June 25, 2020

Lyle W. Cayce
Clerk
Case: 19-50251 Document: 00515466585 Page: 1 Date Filed: 06/25/2020

No. 19-50251
2
Because, as she concedes, O’Neal did not raise the issue of the alleged
breach before the district court, we review for plain error only. Puckett v.
United States, 556 U.S. 129, 135 (2009); United States v. Kirkland, 851 F.3d
499, 502-03 (5th Cir. 2017). The record, as supplemented, reveals that the
Government provided the district court with a detailed account of O’Neal’s
cooperation as well as an explanation of why her cooperation did not rise to the
level of substantial assistance meriting a U.S.S.G. § 5K1.1 motion. Moreover,
the district court reviewed O’Neal’s departure motion, in which she set out
some details of the nature and extent of her alleged cooperation. See United
States v. Hooten, 942 F.2d 878, 884 (5th Cir. 1991). Accordingly, O’Neal has
not met her burden of establishing by a preponderance of the evidence that the
Government breached its obligation under the plea agreement. See United
States v. Gonzalez, 309 F.3d 882, 886 (5th Cir. 2002).
The judgment of the district court is AFFIRMED.
Case: 19-50251 Document: 00515466585 Page: 2 Date Filed: 06/25/2020