IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-30048

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

DONALD JONES, JR.,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:13-CR-194

Before KING, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Donald Jones, Jr., appeals the sentence imposed following his guilty plea 

conviction for conspiracy to distribute and possess with intent to distribute five 

kilograms or more of cocaine hydrochloride and a quantity of cocaine base; 

possession of 500 grams of cocaine hydrochloride, a quantity of cocaine base, 

and 100 grams or more of heroin with intent to distribute; and possession of a 

firearm in furtherance of a drug trafficking offense. For the first time on 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

September 10, 2015

Lyle W. Cayce

Clerk

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No. 15-30048

2

appeal, Jones argues that the district court plainly erred by applying the 

mandatory minimum sentence of 120 months of imprisonment on the drug 

conspiracy count pursuant to 21 U.S.C. § 841(b)(1)(A). He argues that 

conspiracy is a specific intent crime that required him to have the intent to 

conspire to possess with intent to distribute the five kilograms of cocaine 

hydrochloride necessary to trigger the mandatory minimum rather than have 

that amount reached through his admissions of actions of his co-conspirators 

that were foreseeable to him. He notes that the amount of drugs for which he 

was personally responsible, as set forth in the presentence report, was well 

short of the amount needed to trigger the mandatory minimum. He 

acknowledges that his argument is foreclosed by United States v. Akins, 746 

F.3d 590, 611-13 (5th Cir. 2014), cert. denied, 135 S. Ct. 189 (2014), and cert. 

denied, 135 S. Ct. 467 (2014), and cert. denied, 135 S. Ct. 707 (2014), and he 

moves for summary disposition.

As Jones did not raise this issue in the district court, we review it for 

plain error only. See Puckett v. United States, 556 U.S. 129, 135 (2009). To 

show plain error, Jones must show a forfeited error that is clear or obvious and 

that affects his substantial rights. See id. If he makes such a showing, we 

have the discretion to correct the error, but should do so only if the error 

seriously affects the fairness, integrity, or public reputation of judicial 

proceedings. See id.

In Akins, 746 F.3d at 607, 611-13, this court held that a jury’s findings

that the defendant was a member of a drug conspiracy and that the entire 

conspiracy was responsible for five kilograms of cocaine were sufficient to 

support the increased statutory minimum sentence even without evidence that 

the defendant was personally involved with that amount of cocaine. Thus, as 

Jones concedes, his argument is foreclosed. See id. at 611-13.

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Jones’s motion for summary disposition is GRANTED. His alternative 

motion for an extension of time to file a brief is DENIED.

AFFIRMED.

 Case: 15-30048 Document: 00513188679 Page: 3 Date Filed: 09/10/2015