United States v. Seals
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 29, 2026
Docket25-60590
StatusUnpublished
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Full Opinion
Case: 25-60590 Document: 58-1 Page: 1 Date Filed: 10/29/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 25-60590 October 29, 2026
Summary Calendar
____________ Thomas B. Plunkett, III
Clerk
United States of America,
Plaintiff—Appellee,
versus
Afrika Roshawn Seals,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:24-CR-51-1
______________________________
Before Stewart, Richman, and HIGGINSON, Circuit Judges.
Per Curiam:*
Afrika Roshawn Seals appeals the denial of his motion to dismiss the
indictment and the sentence imposed following his guilty plea. He raises
three arguments: (1) the district court erroneously denied his motion to
dismiss the indictment because his constitutional rights were violated when
he was not taken before a magistrate judge within 48 hours of his arrest for a
preliminary hearing; (2) the district court erred in applying three two-level
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 25-60590 Document: 58-1 Page: 2 Date Filed: 10/29/2026
No. 25-60590
enhancements under U.S.S.G. §§ 2D1.1(b)(1), (12), and 3C1.1, to his base
offense level; and (3) his within-guidelines sentence of 292 months of
imprisonment is substantively unreasonable.
Regarding his first argument, it fails because the indictment
established probable cause, thereby obviating the need for a preliminary
hearing. See Gerstein v. Pugh, 420 U.S. 103, 117 n.19 (1975); 18 U.S.C.
§ 3060(a); Fed. R. Crim. P. 5.1(a)(2). As for his sentence enhancement
arguments, the district court did not clearly err because the record reflects
(1) a shotgun with a magazine was found in the same residence as three
kilograms of cocaine, (2) Seals exerted sufficient control over a premises
where narcotics were stored, and (3) Seals instructed another person to
destroy or deactivate a cellphone. See United States v. Ajayi, 64 F.4th 243,
250-51 (5th Cir. 2023); United States v. Guzman-Reyes, 853 F.3d 260, 263 (5th
Cir. 2017); United States v. King, 773 F.3d 48, 52-53 (5th Cir. 2014). Lastly,
his substantive reasonableness argument is unavailing because he fails to
show that the sentence does not account for a factor that should receive
significant weight, gives significant weight to an irrelevant or improper
factor, or represents a clear error of judgment in balancing sentencing factors.
United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009).
AFFIRMED.
2