IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20092
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EVANS LEE JONES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-404-1
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February 13, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Evans Lee Jones appeals the upward-departure sentence
imposed by the district court following his guilty-plea
convictions for bank robbery by intimidation and unlawful
possession of a firearm by a convicted felon. He contends that
the district court failed to follow the proper methodology for
departures under U.S.S.G. § 4A1.3 and erroneously relied in part
on a juvenile conviction for unauthorized use of a motor vehicle
as a reason for upward departure.
*
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that this opinion should not be published and is not precedent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.
No. 00-20092
-2-
Our review of the record and the arguments and authorities
convinces us that no reversible error was committed. The
district court’s explanation why criminal history criminal
history category VI inadequately reflected the seriousness of
Jones’s criminal background and the likelihood of recidivism
“struck a satisfactory balance between ritualistic formalism and
arbitrariness.” See United States v. Daughenbaugh, 49 F.3d 171,
175 (5th Cir. 1995). Furthermore, the district court was
entitled to rely upon the presentence report in examining the
facts underlying Jones’s juvenile unauthorized use of a motor
vehicle conviction. See United States v. Millsaps, 157 F.3d 989,
995 (5th Cir. 1998).
The judgment of the district court is AFFIRMED.