United States v. Overton

United States Court of Appeals
for the Fifth Circuit

No. 19-50948
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Dejon Overton,

Defendant—Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:17-CR-242-1

Before Wiener, Southwick, and Duncan, Circuit Judges.
Per Curiam:*
Dejon Overton was convicted of conspiracy to possess with intent to
distribute 28 grams or more of cocaine base, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(B), and 846, and possession of a firearm in furtherance
of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). He was

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fif th Circuit
FILED
September 18, 2020

Lyle W. Cayce
Clerk
Case: 19-50948 Document: 00515571265 Page: 1 Date Filed: 09/18/2020

No. 19-50948
2
sentenced to a total term of 144 months of imprisonment and five years of
supervised release. The sole issue raised on appeal is whether Overton’s
§ 924(c) conviction should be vacated in light of United States v. Davis, 903
F.3d 483 (5th Cir. 2018), affirmed in part and vacated in part, 139 S. Ct. 2319
(2019), and United States v. Gore, 636 F.3d 728 (5th Cir. 2011).
Overton was convicted of possession of a firearm in furtherance of a
drug trafficking crime rather than possession of a firearm in furtherance of a
crime of violence (COV). His drug trafficking conspiracy conviction is a
predicate drug trafficking crime for his § 924(c) conviction. See United States
v. Chapman, 851 F.3d 363, 370, 375 (5th Cir. 2017) (holding that a conspiracy
to distribute and possess with intent to distribute controlled substances, in
violation of § 846, is a predicate drug trafficking offense for purposes of
§ 924(c)(1)(A)). The rationale of Davis—holding that the COV definition in
§ 924(c)(3)(B)’s residual clause was unconstitutionally vague, 139 S. Ct. at
2325-26, 2336—is inapplicable to a conviction, like Overton’s, under the
drug trafficking element of § 924(c).
Accordingly, the judgment of the district court is AFFIRMED.
Overton’s motion for summary disposition is DENIED.
Case: 19-50948 Document: 00515571265 Page: 2 Date Filed: 09/18/2020