United States v. Horton, No. 18-11577 (5th Cir. 2021)Annotate this Case
On remand from the Supreme Court in light of Davis v. United States, 140 S. Ct. 1060, 1061 (2020), which requires that unpreserved claims of factual error be reviewed under the full plain error test, the Fifth Circuit again affirmed defendant's sentence because he failed to show that the district court committed a clear or obvious error.
The court concluded that, because the district court's implicit finding that the two state offenses were not relevant to the federal offense is plausible in light of the record as a whole, defendant's arguments related to his prior state convictions must fail. Furthermore, the district court's implicit finding that the pending state charges were not relevant to the federal offense is also plausible in light of the record as a whole, and defendant's argument that the district court erred in declining to concurrently run his sentence with the anticipated state sentences fails as well. The court also concluded that the district court did not clearly err by failing to explain its decision to deny defendant's request to run his federal sentence concurrently with the uncharged state sentence. Even assuming the district court's failure to state the reasons for running the sentence consecutively was an error that was clear or obvious, defendant has not shown that the error affected his substantial rights. The court further concluded that any additional explanation of the 18 U.S.C. 3553(a) factors, or the imposition of the maximum 262-month sentence of the guidelines range, would not have changed his sentence.
This opinion or order relates to an opinion or order originally issued on February 13, 2020.