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United States v. Malveaux
411 F.3d 558
5th Cir.
2004
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Docket

*1 Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges. PER CURIAM: [*]

Michael Malveaux appeals his guilty-plea conviction and sentence for being a felon in possession of a firearm. Malveaux argues that the district court erred in applying the enhancement provision found in U.S.S.G. § 2K2.1(b)(5) of the Sentencing Guidelines, because there was no evidence that Malveaux possessed a firearm in connection with another felony offense. After a thorough review of the record and the applicable law of this circuit, we hold that the district court did not err, as a matter *2 No. 03-41618 -2- of law, in concluding that the firearm possession was “in connection with” the drug possession. See United States v. Armstead, 114 F.3d 504, 512 (5th Cir. 1997); United States v. Condren, 18 F.3d 1190, 1193, 1199-1200 (5th Cir. 1994). Accordingly, the district court correctly applied U.S.S.G. § 2K2.1(b)(5), and the judgment of the district court is AFFIRMED.

Notes

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Malveaux
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 17, 2004
Citation: 411 F.3d 558
Docket Number: 03-41618
Court Abbreviation: 5th Cir.
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