United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
March 31, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-60808
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ALTON KEE
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:01-CR-136-ALL
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Before KING, Chief Judge, and WIENER and CLEMENT, Circuit Judges.
PER CURIAM:*
Alton Kee appeals the sentence following his guilty-plea
conviction for possession with intent to distribute cocaine base.
Kee contends that the district court erred in calculating his
criminal history score because it awarded him one point under
U.S.S.G. § 4A1.1(c) for a juvenile disposition. He argues that
under the Mississippi Youth Court Act, a juvenile disposition is
not an adjudication of guilt and thus he had no prior qualifying
*
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that this opinion should not be published and is not precedent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. 02-60808
-2-
sentence under the sentencing guidelines. He also contends that
no constitutional adjudication of guilt could be made in the
youth court proceedings because these proceedings do not provide
certain federal constitutional protections.
We have previously held that the district courts may include
juvenile records when calculating a defendant’s criminal history
score under the sentencing guidelines. See United States v.
Holland, 26 F.3d 26 (5th Cir. 1994) (considering juvenile
disposition under Texas law). The Mississippi Youth Court’s
order of adjudication was based on proof beyond a reasonable
doubt. See MISS. CODE ANN. § 43-21-561(1) (1997). The PSR
indicates that Kee was represented by counsel in the matter, and
he has not argued that this disposition was invalid, nor has he
met his burden to show that the disposition violated his
constitutional rights. See United States v. Osborne, 68 F.3d 94,
100 (5th Cir. 1995); United States v. Canales, 960 F.2d 1311,
1315 (5th Cir. 1992). Therefore, the district court did not err
in awarding Kee one criminal history point for this juvenile
disposition. See U.S.S.G. § 4A1.2(d)(2)(B).
AFFIRMED.