United States v. Lively

── United States v. Lively ── Court: Court of Appeals for the Fifth Circuit Date: May 04, 2026 Category: Direct Criminal Case: 25-30431 Document: 57-1 Page: 1 Date Filed: 05/04/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 4, 2026 No. 25-30431 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Jevon Lively, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:24-CR-274-1 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Jevon Lively appeals his sentence for possessing with intent to distribute fentanyl and methamphetamine. He contends that the district court erroneously applied a two-level enhancement under U.S.S.G. § 2D1.1(b)(12) for maintaining a premises for manufacturing or distributing drugs. However, Lively fails to show that the district court clearly erred in _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-30431 Document: 57-1 Page: 2 Date Filed: 05/04/2026 No. 25-30431 determining that he had the requisite level of access, dominion, and control to demonstrate that he maintained the apartment for the purpose of storing drugs. United States v. Guzman-Reyes, 853 F.3d 260, 263-65 (5th Cir. 2017). AFFIRMED. 2