USA v. Walker, No. 07-30754 (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-30754 Summary Calendar September 26, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. CHRIS WALKER Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05-CR-297-1 Before JONES, Chief Judge, and STEWART and OWEN, Circuit Judges. PER CURIAM:* Chris Walker appeals his sentence of life imprisonment under 21 U.S.C. § 841 following his guilty plea conviction for conspiracy to distribute and possess with the intent to distribute cocaine base, cocaine hydrochloride, and marijuana and possession with the intent to distribute cocaine base, cocaine hydrochloride, and marijuana. He argues that the district court erred in enhancing his sentence under § 841 based on his prior state conviction for distribution of marijuana because the conviction resulted from a plea of nolo contendere. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-30754 Walker contends that an admission of guilt is necessary to constitute a conviction within the meaning of § 841. This court need not address Walker s contention, which seeks a construction of the § 841 enhancement provision. The district court rendered an alternative sentence after it properly calculated Walker s guidelines range and imposed a sentence within the guidelines range. Thus, Walker s sentence of life imprisonment founded on the guidelines is entitled to a presumption of reasonableness. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). Nothing in the record indicates that the court committed procedural error in calculating the Guidelines, and the sentence is substantively reasonable. See Gall v. United States, 128 S. Ct. 586, 597 (2007).1 Accordingly, the judgment of the district court is AFFIRMED. 1 Walker does not challenge the sentences imposed at the same time on his other charges. 2
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