USA v. Michael Leonard Payne, No. 06-12343 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-12343 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 10, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 05-00105-CR-ORL-22-KRS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL LEONARD PAYNE, a.k.a. Michael Leonard Payne, Jr., a.k.a. Michael A. Payne, a.k.a. Michael L. Payne, a.k.a. Michael Lenard Payne, a.k.a. Michale L. Payne, Jr., Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (October 10, 2006) Before CARNES, HULL and PRYOR, Circuit Judges. PER CURIAM: Michael Leonard Payne appeals his 180-month sentence imposed after he pled guilty to (1) possession of ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1); and (2) possession with intent to distribute and distribution of five grams or more of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). On appeal, Payne argues that the district court erred by not sentencing him below the mandatory minimum sentence of 15 years imprisonment on his conviction for possession of ammunition.1 We disagree. The district court correctly determined that it did not have discretion to sentence Payne below the mandatory minimum sentence of 15 years imprisonment. See United States v. Brehm, 442 F.3d 1291, 1300 (11th Cir. 2006), petition for cert. filed, (U.S. Sept. 12, 2006) (No. 06-6496); see also United States v. Shelton, 400 F.3d 1325, 1333 n.10 (11th Cir. 2005) ( We emphasize that the district court was, and still is, bound by the statutory minimums. ). Accordingly, we affirm. AFFIRMED. 1 It is undisputed that Payne was subject to a mandatory minimum sentence of 15 years imprisonment, pursuant to 18 U.S.C. § 924(e)(1), because he had at least three previous convictions for a violent felony or a serious drug offense. 2
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