Case: 20-10638 Document: 00515721576 Page: 1 Date Filed: 01/27/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
January 27, 2021
No. 20-10638 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Ncholeion Kashana Hollie,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-352-3
Before Clement, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
Ncholeion Kashana Hollie appeals the 108-month sentence imposed
following her conviction for interference with commerce by robbery. She
argues that the district court erred in applying the abduction enhancement
under U.S.S.G. § 2B3.1(b)(4)(A) because the term “different location” does
*
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opinion should not be published and is not precedent except under the limited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.
Case: 20-10638 Document: 00515721576 Page: 2 Date Filed: 01/27/2021
No. 20-10638
not include movement from one room to another in the same building. She
recognizes that her argument is foreclosed by this court’s precedent but
raises the issue to preserve it for further review. The Government moves for
summary affirmance, asserting that Hollie’s argument is foreclosed.
The parties are correct that Hollie’s argument is foreclosed as we have
“repeatedly construed the ‘abduction’ enhancement as applicable when a
victim is forced from one part of a building to another.” United States v. Buck,
847 F.3d 267, 276-77 (5th Cir. 2017). Accordingly, the Government’s motion
for summary affirmance is GRANTED, see Groendyke Transp., Inc. v. Davis,
406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s alternative motion for
an extension of time to file a brief is DENIED as unnecessary, and the
judgment of the district court is AFFIRMED.
2