William Flanagan pleaded guilty to possession with intent to distribute methamphetamine in violation of federal law. The district court sentenced him to 235 months of imprisonment followed by three years of supervised release. On appeal, Flanagan challenged the district court's calculation of his criminal history score under the Sentencing Guidelines. Specifically, he argued the court incorrectly assigned two points for a prior driving while intoxicated (DWI) conviction and also incorrectly assigned a point for a sentence involving resisting arrest and driving under a suspended license. Because Flanagan did not raise these specific objections during his sentencing hearing in the district court, the Fifth Circuit could only review the matter for plain error.
The court began by noting that because the issue was not preserved in the district court, the standard of review was plain error. Under this standard, an appellant must show that an error occurred, that the error was clear or obvious, and that it affected their substantial rights. Regarding the DWI conviction, the court found that Flanagan failed to show an error that was clear or obvious in the assignment of two points. Furthermore, regarding the point assigned for resisting arrest and driving under a suspended license, the court applied the fourth prong of the plain error test. Citing United States v. Martinez-Rodriguez, the court held that Flanagan did not demonstrate a reasonable probability that, but for the alleged misapplication of the Guidelines, he would have received a lesser sentence. Without this showing, the court could not grant relief even if a technical error existed.
The decision affirms the district court's sentence, meaning Flanagan must serve the 235-month term. The ruling reinforces the importance of raising sentencing guideline objections at the district court level; failing to do so limits appellate review to the strict plain error standard. It also clarifies that even if a miscalculation is found, relief is not automatic unless the defendant can prove the error likely changed the sentence outcome.
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