United States v. Burdette

Case: 25-10487 Document: 52-1 Page: 1 Date Filed: 02/02/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-10487 Summary Calendar FILED ____________ February 2, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus Tony Burdette,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-79-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Tony Burdette pleaded guilty to two counts of possession of a firearm after a felony conviction and one count of possession with intent to distribute a controlled substance. He was sentenced to three consecutive terms of 100 months of imprisonment.

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

Case: 25-10487 Document: 52-1 Page: 2 Date Filed: 02/02/2026

No. 25-10487

In his sole issue on appeal, Burdette argues that the district court erroneously enhanced his offense level under U.S.S.G. § 3A1.2(c)(1) based on his assault of a police officer because that assault did not occur during the course of his offenses of conviction or his immediate flight therefrom. Even if we assume without deciding that the district court erred, the Government has convincingly demonstrated that the claimed error was harmless. See United States v. Redmond, 965 F.3d 416, 420-22 (5th Cir. 2020); United States v. Castro-Alfonso, 841 F.3d 292, 298 (5th Cir. 2016). AFFIRMED.