United States v. Huntsberry

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 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.