Case: 22-30065 Document: 00516463442 Page: 1 Date Filed: 09/07/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 7, 2022 No. 22-30065 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Nathan P. McCall, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:21-CR-100-1

Before Jones, Barksdale, and Elrod, Circuit Judges.

Per Curiam:* Nathan P. McCall challenges the sentence imposed following his guilty-plea conviction for possession of a firearm after a felony conviction.

He contends the district court erred in applying a two-level “vulnerable victim” enhancement under Sentencing Guideline § 3A1.1(b)(1).

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 22-30065 Document: 00516463442 Page: 2 Date Filed: 09/07/2022

No. 22-30065

Although post-Booker, the Guidelines are advisory only, the district court must avoid significant procedural error, such as improperly calculating the Guidelines range. Gall v. United States, 552 U.S. 38, 46, 51 (2007). If no such procedural error exists, a properly preserved objection to an ultimate sentence is reviewed for substantive reasonableness under an abuse-of- discretion standard. Id. at 51; United States v. Delgado-Martinez, 564 F.3d 750, 751–53 (5th Cir. 2009). In that respect, for issues preserved in district court, its application of the Guidelines is reviewed de novo; its factual findings, only for clear error. E.g., United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008).

Even assuming the court procedurally erred in applying the enhancement, the Government met its burden of demonstrating any error was harmless by showing the court considered the overlapping Guidelines range without the enhancement and stated it would have imposed the same sentence in any event. E.g., United States v. Guzman-Rendon, 864 F.3d 409, 411 (5th Cir. 2017).

AFFIRMED.