USA v. Zachary Thomas, No. 09-30511 (5th Cir. 2011)

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Case: 09-30511 Document: 00511454578 Page: 1 Date Filed: 04/22/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-30511 Summary Calendar April 22, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ZACHARY THOMAS, Defendant-Appellant Appeals from the United States District Court for the Western District of Louisiana USDC No. 2:08-CR-295-1 Before JONES, Chief Judge, and SMITH and CLEMENT, Circuit Judges. PER CURIAM:* Zachary Thomas pleaded guilty to possession with intent to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking crime. He was sentenced to, inter alia, a 120-month prison term on the drug trafficking count and, pursuant to 18 U.S.C. § 924(c)(1)(A)(i), a consecutive 60-month prison term on the related firearms conviction. Thomas filed a timely notice of appeal. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-30511 Document: 00511454578 Page: 2 Date Filed: 04/22/2011 No. 09-30511 In his sole issue for review, Thomas argues that the district court erred in sentencing him to a mandatory five-year minimum sentence under § 924(c)(1)(A)(i) when the predicate drug offense carried a greater minimum sentence. This argument has been rejected by both this court and the United States Supreme Court. Abbott v. United States, 131 S. Ct. 18, 22-23 (2010); United States v. London, 568 F.3d 553, 564 (5th Cir. 2009), cert. denied, 131 S. Ct. 631 (2010). Consequently, the judgment of the district court is AFFIRMED. 2

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