United States Court of Appeals

for the Fifth Circuit

No. 21-10557

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Jason Carl Taylor, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:20-CR-206-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

Jason Carl Taylor appeals the 96-month, within-guidelines sentence 

imposed upon his guilty plea to possession of a firearm as a felon. On appeal, 

he challenges the district court’s application of a sentence enhancement 

under U.S.S.G. § 2K2.1(b)(6)(B), which adds four levels if a defendant 

* 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opinion should not be published and is not precedent except under the limited 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.

United States Court of Appeals

Fifth Circuit

FILED

February 15, 2022

Lyle W. Cayce

Clerk

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No. 21-10557

2

“used or possessed any firearm or ammunition in connection with another 

felony offense.” The presentence report (PSR) provided that the 

enhancement was warranted because Taylor threatened and pointed a

shotgun at another individual. Taylor argues that the PSR lacked sufficient 

indicia of reliability and that the district court erred by relying on the PSR at 

sentencing.

We review the district court’s factual findings for clear error. United 

States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013). A PSR generally bears 

sufficient indicia of reliability to be considered by the sentencing judge in 

making factual determinations. United States v. Fuentes, 775 F.3d 213, 220 

(5th Cir. 2014). A “district court may properly find sufficient reliability on a 

[PSR] which is based on the results of a police investigation,” including those 

that rely on victim interviews. United States v. Vela, 927 F.2d 197, 201 (5th 

Cir. 1991); see Fuentes, 775 F.3d at 220. However, “[b]ald, conclusionary 

statements do not acquire the patina of reliability by mere inclusion in the 

PSR.” United States v. Elwood, 999 F.2d 814, 817-18 (5th Cir. 1993). If the 

PSR bears sufficient indicia of reliability, then the defendant has the burden 

of showing that the PSR is inaccurate. United States v. Zuniga, 720 F.3d 587, 

591 (5th Cir. 2013). 

Here, the information in the PSR was based on the victim’s initial call 

to police and his subsequent interview at the scene. The victim’s statements 

were corroborated in at least three ways: Taylor and his car matched the 

victim’s description, the police found a shotgun in Taylor’s car, and Taylor 

admitted that he and the victim were in a verbal altercation. While additional 

corroboration from third-party witnesses would certainly strengthen the 

indicia of reliability, we have “never held that corroboration is necessary in 

order for a factual account contained in a PSR to bear sufficient indicia of 

reliability to support its consideration at sentencing.” United States v. 

Parkerson, 984 F.3d 1124, 1129 (5th Cir. 2021), cert. denied, 2022 WL 89280 

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(U.S. Jan. 10, 2022) (No. 20-8345). Further, although no aggravated assault 

charges were filed, Texas “prosecutors have broad discretion in deciding 

which cases to prosecute.” Neal v. State, 150 S.W.3d 169, 173 (Tex. Crim. 

App. 2004) (en banc). Because the PSR contained sufficient indicia of 

reliability and Taylor failed to present any rebuttal evidence, the district court 

was entitled to rely on the PSR at sentencing. See Zuniga, 720 F.3d at 591. 

Accordingly, the district court did not clearly err by applying the 

enhancement, see Parkerson, 984 F.3d at 1130, and the judgment of the district 

court is AFFIRMED.

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