United States v. Huntsberry
United States v. Huntsberry
Opinion
Case: 24-30459 Document: 47-1 Page: 1 Date Filed: 03/31/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-30459 March 31, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Duane Huntsberry, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:23-CR-224-1 ______________________________ Before Jolly, Jones, and Haynes, Circuit Judges.
Per Curiam: * Duane Huntsberry appeals his 120-month sentence for possession of a firearm by a convicted felon. He contends that the district court erred in applying an enhancement under U.S.S.G. § 2K2.1(b)(6)(B) because the record does not establish that he possessed a firearm in connection with
_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-30459 Document: 47-1 Page: 2 Date Filed: 03/31/2025
No. 24-30459
another felony offense. We review Huntsberry’s unpreserved argument for plain error. See Puckett v. United States, 556 U.S. 129, 135 (2009).
The district court’s determination that Huntsberry possessed controlled substances with the intent to distribute is plausible in light of the record as a whole. See United States v. Jeffries, 587 F.3d 690, 692 (5th Cir. 2009). The record also supports a plausible inference that Huntsberry’s firearm possession facilitated, or had the potential of facilitating, his drug trafficking offense. See id. at 694-95. Accordingly, Huntsberry has not established that the district court clearly or obviously erred in applying the § 2K2.1(b)(6)(B) enhancement. See Puckett, 556 U.S. at 135.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.