United States Court of Appeals

for the Fifth Circuit ____________

No. 22-11066 

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee, 

versus

Walter Leonard Jenkins, 

Defendant—Appellant. 

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 4:22-CR-155-1 

______________________________

Before King, Haynes, and Higginson, Circuit Judges.

Per Curiam:*

Walter Leonard Jenkins appeals his 60-month sentence for possessing 

a firearm as a convicted felon. Although the advisory guidelines range was 

30 to 37 months of imprisonment, the district court applied an upward

departure pursuant to U.S.S.G. § 4A1.3. Jenkins challenges the procedural 

reasonableness of his sentence.

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

August 1, 2023

Lyle W. Cayce

Clerk

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No. 22-11066

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First, Jenkins argues that the court’s statement that he continued to 

engage in criminal activity while on supervision is clearly erroneous as a 

factual matter. Jenkins did not object to the procedural reasonableness of his 

sentence in the district court. Thus, we review the procedural 

reasonableness of the sentence for plain error. See United States v. 

Mondragon-Santiago, 564 F.3d 357, 362-64 (5th Cir. 2009). While the 

presentence report stated that Jenkins's parole records did not reveal any 

filed violations, it detailed that he was twice arrested and convicted in 2014 

while on parole for his 2012 burglary. Then, in 2017 and 2018, he was again 

arrested and convicted twice while serving parole for his 2015 assault. The 

court thus did not err in finding that Jenkins engaged in criminal activity 

while on supervision. See United States v. Lavalais, 960 F.3d 180, 189 (5th 

Cir. 2020).

Second, Jenkins asserts that the district court factually erred in finding 

that his criminal conduct has continued to escalate to involve violence and 

firearms. But as a juvenile in 2001, Jenkins committed a burglary. When he 

turned 18, he committed two assaults. He then committed another burglary 

in 2012 and another assault in 2015. Finally, three years after his release from 

prison, Jenkins beat his teenage son and possessed a firearm, leading to his 

instant conviction. Jenkins’s prior sentences were not considered as relevant 

conduct, and he did not receive any adjustments to his base offense level 

because of them. Thus, the district court was free to consider his firearm 

possession in deciding whether to depart, and Jenkins possessing a firearm 

with his criminal history demonstrated a “lack of deterrence and continued 

criminal activity,” which are proper grounds for departing under § 4Al.3. 

Lavalais, 960 F.3d at 189.

Finally, Jenkins argues that the statute of conviction, 18 U.S.C. 

§ 922(g) is unconstitutional under the Commerce Clause. As he concedes, 

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No. 22-11066

3

his argument is foreclosed. See United States v. Alcantar, 733 F.3d 143, 145 

(5th Cir. 2013).

Accordingly, the judgment of the district court is AFFIRMED.

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