United States v. Barron

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
November 17, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40188
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME BARRON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:02-CR-470-2
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Jaime Barron appeals from his guilty-plea conviction for
possession with intent to distribute more than 500 grams but less
than five kilograms of cocaine. He argues that his three prior
uncounseled misdemeanor convictions were ineligible for use in
calculating his criminal history score because the waivers of his
right to counsel in those cases were invalid. He asserts that,
without the usage of these prior convictions, he should have been
awarded a downward adjustment pursuant to U.S.S.G. § 5C1.2.

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No. 04-40188
-2-
Barron has failed to meet his burden to show that those
waivers were invalid. See Iowa v. Tovar, 124 S. Ct. 1379, 1390
(2004). The district court’s use of Barron’s prior convictions
for purposes of determining his criminal history score was
therefore proper. Because Barron’s criminal history score
exceeded one, he was ineligible for the U.S.S.G. § 5C1.2(a)
adjustment. Accordingly, the district court’s judgment is
AFFIRMED.

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