United States v. Stone

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-10870 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO DESMOND STONE, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:02-CR-22-1 -------------------- February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Antonio Desmond Stone (“Stone”) appeals the sentence imposed following his guilty-plea conviction for one count of possession of counterfeit securities. The district court departed upward four offense levels from the guideline sentencing range and sentenced Stone to 50 months’ incarceration because Stone had possessed tools and materials evidencing his involvement in extensive identification fraud and theft. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-10870 -2- The district court provided acceptable reasons for the departure and Stone does not argue that the degree of departure is unreasonable; thus, no abuse of discretion has been shown. See United States v. Nevels, 160 F.3d 226, 229-30 (5th Cir. 1998). AFFIRMED.