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United States v. Davis

United States Court of Appeals, Fifth Circuit

June 6, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee
v.
JOHNNY LEE DAVIS, Defendant-Appellant

Page 279

Appeal from the United States District Court for the Southern District of Texas.

For United States of America, Plaintiff - Appellee: Paula Camille Offenhauser, Assistant U.S. Attorney, Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX.

For Johnny Lee Davis, Defendant - Appellant: Jacyr Q. Heil, Corpus Christi, TX.

Before HIGGINBOTHAM, CLEMENT, and HIGGINSON, Circuit Judges.

OPINION

Page 280

HIGGINSON, Circuit Judge:

Johnny Lee Davis was convicted following a bench trial of passing an altered obligation of the United States with intent to defraud and was sentenced to a 34-month term of imprisonment. See 18 U.S.C. § 472. Davis appeals, challenging his conviction and sentence. We AFFIRM.

I.

On July 25, 2012, a Grand Jury indicted Johnny Lee Davis with two counts of knowingly passing counterfeit and altered obligations of the United States with the intent to defraud. Count one alleged that Davis attempted to pass a forged $100 bill on March 9, 2012, at a Taco Bell. Count two alleged that Davis attempted to pass a forged $100 bill on April 11, 2012, at a Dollar Tree. Davis waived his right to a jury trial, and the district court held a bench trial on October 17, 2012. The district court found Davis guilty on count two (the Dollar Tree count) but acquitted him on count one (the Taco Bell count). The court sentenced Davis to a 34-month term of imprisonment, a three-year term of supervised release, and a $100 special assessment.

II.

Davis raises five issues on appeal. Davis argues that his trial was defective because (1) the district court erred by admitting into evidence the counterfeit $100 bill passed to a Dollar Tree employee on April 11, 2012, (2) the district court erred by allowing in-court identification testimony of three Dollar Tree employees, and (3) the district court erred by compelling Davis to stand trial in handcuffs and

Page 281

shackles. Davis further argues that his sentence is defective because (4) the district court erred by imposing a two-level enhancement pursuant to United States Sentencing Guidelines § 2B5.1(b)(2)(A) and § 2B5.1(b)(3) for manufacturing or producing a counterfeit obligation or possessing or having custody of or control over a counterfeiting device or materials, and (5) the ...


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