United States v. Mendez

U.S. Court of Appeals for the Fourth Circuit
United States v. Mendez, 178 F. App'x 218 (4th Cir. 2006)

United States v. Mendez

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Guadalupe Salazar Mendez pled guilty to possession of a firearm by an illegal alien, 18 U.S.C. § 922(g)(5) (2000), and was sentenced to a term of twelve months imprisonment. Mendez appeals his sentence, contending that the district court erred in deciding not to depart downward because of a mistaken belief that it lacked authority to depart based on Mendez’s voluntary disclosure of the offense, U.S. Sentencing Guidelines Manual § 5K2.16, p.s. (2004), and erred in refusing to reduce his offense level to six under USSG § 2K2.1(b)(2) on the ground that he possessed the firearm for lawful sporting purposes. Mendez also argues that his sentence is unreasonable.

After thoroughly reviewing the parties’ briefs, the record, and the district court’s ruling in this case, we find no reversible error in the court’s application of the Guidelines, and we find the sentence imposed by the district court to be reasonable. We therefore affirm the sentence imposed by the district court. We deny Mendez’s motion to expedite oral argument, and 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. Guadalupe Salazar MENDEZ, Defendant—Appellant
Status
Unpublished