United States v. Sylvester
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 21, 2026
Docket26-30072
StatusUnpublished
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Full Opinion
Case: 26-30072 Document: 52-1 Page: 1 Date Filed: 10/21/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
October 21, 2026
No. 26-30072 Thomas B. Plunkett, III
Summary Calendar Clerk
____________
United States of America,
Plaintiff—Appellee,
versus
Marlon D. Sylvester,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:25-CR-100-1
______________________________
Before Smith, Southwick, and Oldham, Circuit Judges.
Per Curiam: *
Marlon D. Sylvester appeals the sentence imposed following his guilty
plea conviction for conspiracy to distribute and to possess with intent to
distribute cocaine. He argues that the district court plainly erred in applying
the career offender enhancement of U.S.S.G. § 4B1.1 because it failed to
conduct the proper modified categorical analysis and instead relied solely on
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-30072 Document: 52-1 Page: 2 Date Filed: 10/21/2026
No. 26-30072
the presentence report’s (PSR) characterization of his prior Louisiana
convictions as “controlled substance offenses.” See § 4B1.1(a).
Here, it is not clear or obvious that that the district court relied solely
on the PSR to categorize Sylvester’s prior convictions as “controlled
substance offenses,” given that Sylvester introduced state-court records
concerning his prior convictions at sentencing and, in any event, the district
court had the benefit of Sylvester’s own characterization of his prior
convictions as attempted possession with intent to distribute cocaine. See
United States v. Jenkins, 487 F.3d 279, 281 (5th Cir. 2007). Moreover, even
if he could show clear or obvious error, Sylvester has not shown that the error
affected his substantial rights because he does not argue that the career
offender enhancement was ultimately wrong. See United States v. Ochoa-
Cruz, 442 F.3d 865, 867 (5th Cir. 2006).
Accordingly, Sylvester fails to show reversible plain error. See Puckett
v. United States, 556 U.S. 129, 135 (2009). The judgment is AFFIRMED.
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