United States v. Gomez

Case: 23-40442 Document: 97-1 Page: 1 Date Filed: 06/09/2025

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 23-40442

Summary Calendar FILED ____________ June 9, 2025

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Santos Gomez,

Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-276-1

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Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam: *

Santos Gomez pleaded guilty to conspiracy to possess with intent to manufacture and distribute methamphetamine, in violation of 21 U.S.C. § 846, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). On appeal, he contends that there is an inadequate factual basis to support his firearm conviction, specifically that he Case: 23-40442 Document: 97-1 Page: 2 Date Filed: 06/09/2025

No. 23-40442 possessed the firearms found in his residence “in furtherance of” the drug conspiracy. 18 U.S.C. § 924(c)(1)(A).

We assume without deciding that plain error review applies. See United States v. Rodriguez, 602 F.3d 346, 350-51, 361 (5th Cir. 2010). In light of the entire record, see United States v. Hicks, 958 F.3d 399, 401 (5th Cir. 2020), which, inter alia, shows that Gomez was a methamphetamine supplier and the firearms were found in his residence alongside methamphetamine, we conclude that Gomez has not established a clear or obvious error in the district court’s acceptance of the factual basis for his guilty plea, see United States v. Walker, 828 F.3d 352, 355-56 (5th Cir. 2016).

Gomez, pro se, has moved for the appointment of new counsel, which is DENIED. The judgment of the district court is AFFIRMED.