IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-11263

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOHNATHAN RAY HALL, also known as Jonathan Ray Hall,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:14-CR-25-1

Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

PER CURIAM:*

Johnathan Ray Hall pleaded guilty to possession of a firearm by a felon 

and was sentenced to a prison term of 46 months. Hall argues that the district 

court improperly enhanced his sentence under U.S.S.G. § 2K2.1(b)(6) and 

imposed a substantively unreasonable sentence.

We review the district court’s interpretation and application of the 

Sentencing Guidelines de novo and its factual findings for clear error. United 

 

* 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

October 27, 2015

Lyle W. Cayce

Clerk

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States v. Coleman, 609 F.3d 699, 708 (5th Cir. 2010). Section 2K2.1(b)(6)(B) of 

the Guidelines provides for a four-level enhancement when the Government 

shows by a preponderance of the evidence that a defendant’s possession of a 

firearm “facilitated, or had the potential of facilitating another felony offense 

and that the defendant used or possessed the firearm in connection with that 

offense.” Id. (internal quotation marks and citation omitted). “The district 

court’s determination of the relationship between the firearm and another 

offense is a factual finding,” which will not be deemed clearly erroneous if it is 

plausible in light of the record as a whole. Id.

The district court found that Hall committed the offense of aggravated 

assault when he discharged a loaded firearm and then pointed it at a couple 

whom Hall deemed dangerous, despite Hall’s argument that he acted with 

justification and in self-defense. Hall contends that the district court erred 

because the Government failed to negate his justification defense. He also 

objects to the district court’s failure to explicitly find that the Government had 

carried its burden and to the district court’s reliance upon the presentence 

report (PSR) and Addendum.

Justification is a defense to aggravated assault in Texas. TEX. PENAL 

CODE ANN. § 9.02. If the defendant presents evidence supporting a justification 

defense, the state must prove beyond a reasonable doubt that the defendant’s 

actions were not justified. See Saxton v. State, 804 S.W.2d 910, 913 (Tex. Crim.

App. 1991). Though the law may not require a person to retreat before using 

non-deadly force, “[t]he amount of force used must be in proportion to the force 

encountered.” See Tidmore v. State, 976 S.W.2d 724, 728 (Tex. App. 1998). As 

the Government argued, Hall’s conduct in firing three shots and then pointing 

the gun at a woman was disproportionate and unreasonable. See, e.g., Kelley 

v. State, 968 S.W.2d 395, 399-401 (Tex. App. 1998). All the couple did to 

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“provoke” this response was to jog down the street, with one wearing a mask 

decorated to look like a skeleton. The couple did not display any weapon or 

threaten Hall. Accordingly, the district court did not clearly err in applying 

the enhancement. 

Hall’s challenges to the district court’s failure to explicitly rule upon his 

claim to self-defense and to the court’s reliance upon the PSR and Addendum 

were not properly preserved, as Hall neither asked the district court to make 

more specific factual findings nor objected to its adoption of the PSR and 

Addendum. Had he done so, the district court could have “clarif[ied] its 

reasoning or correct[ed] any potential errors in its understanding of the law at 

sentencing.” United States v. Hernandez-Martinez, 485 F.3d 270, 272 (5th Cir. 

2007). Accordingly, these arguments are subject to plain error review. See 

United States v. Fernandez, 770 F.3d 340, 345 (5th Cir. 2014). To establish 

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

affects his substantial rights. See Puckett v. United States, 556 U.S. 129, 135 

(2009). If he makes such a showing, this court has the discretion to correct the 

error but may do so only if it seriously affects the fairness, integrity, or public 

reputation of judicial proceedings. See id. Assuming that the district court 

erred, Hall cannot establish that his substantial rights were affected because 

the Government adequately refuted his claim to self-defense. 

Hall further argues that the district court abused its discretion when it 

denied his motion for a downward departure or variance because he feared 

imminent injury to himself or his family and, consequently, the sentence 

imposed is substantively unreasonable. We lack jurisdiction to review the 

denial of the downward departure because nothing in the record suggests that

the district court believed that it lacked authority to depart. See United States 

v. Lucas, 516 F.3d 316, 350 (5th Cir. 2008). As for the court’s refusal to exercise 

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its Booker discretion to vary downward, Hall has not established that the 

district court abused its discretion. See Gall v. United States, 552 U.S. 38, 51 

(2007). It considered Hall’s sentencing arguments, the evidence, and the 18 

U.S.C. § 3553(a) factors before determining that a sentence at the low end of 

the Guidelines was appropriate. A sentence that falls within a properly 

calculated guidelines range is entitled to a presumption of reasonableness, 

which Hall has failed to rebut. See United States v. Cooks, 589 F.3d 173, 186 

(5th Cir. 2009). 

AFFIRMED.

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