United States v. Salazar Mendez

U.S. Court of Appeals for the Fourth Circuit
United States v. Salazar Mendez, 30 F. App'x 281 (4th Cir. 2002)

United States v. Salazar Mendez

Opinion

*282 OPINION

PER CURIAM.

Antonio Salazar-Mendez pled guilty to possession of a firearm by an illegal alien, in violation of 18 U.S.C. § 922(g)(5) (1994) and possession of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c) (1994). For the first time on appeal, he challenges his sentence, contending the district court erred in applying a four-level enhancement to his offense level pursuant to U.S. Sentencing Guidelines Manual § 2K2.1(b)(5) (2000) for using or possessing a firearm in connection with another felony offense. Finding no plain error, we affirm.

Because Mendez did not object to the application of the enhancement during sentencing, we review for plain error. Fed.R.Crim.P. 52(b); United States v. Olano, 507 U.S. 725, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). We find the Government provided sufficient evidence that the firearm transactions facilitated or potentially facilitated the drug transaction. See United States v. Garnett, 243 F.3d 824, 829 (4th Cir. 2001). Therefore, the district court did not commit plain error.

Accordingly, we affirm Mendez’ sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Antonio SALAZAR MENDEZ, Defendant-Appellant
Status
Unpublished