United States v. Malveaux

* Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41618
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL MALVEAUX,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CR-86-1
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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
United States Court of Appeals
Fifth Circuit
F I L E D
August 17, 2004
Charles R. Fulbruge III
Clerk

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No. 03-41618
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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.

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