United States v. Leon-Gonzalez

* 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that this opinion should not be published and is not precedent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. 99-41428
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO LEON-GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:99-CR-9-ALL
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June 14, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Francisco Leon-Gonzalez appeals his sentence for possession
of a firearm by an illegal alien and distribution of cocaine. 18
U.S.C. § 922(g)(5); 21 U.S.C. § 841(a)(1). Leon argues that the
district court erred in increasing his base offense level two
points under U.S.S.G. § 2K2.1(b)(4) on the ground that two of the
firearms involved in the offense were stolen. He contends that
he did not know that the firearms were stolen and that the
Government did not prove that the firearms were stolen.

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No. 99-41428
-2-
The enhancement under § 2K2.1(b)(4) applies whether or not
Leon knew or had reason to believe that the firearms were stolen.
See United States v. Singleton, 946 F.2d 23, 27 (5th Cir. 1991);
§ 2K2.1, comment (n.19). Because Leon did not present rebuttal
evidence to refute the facts in the PSR concerning whether the
firearms were stolen, the district court did not err in adopting
the facts in the PSR and in increasing Leon’s offense level under
§ 2K2.1(b)(4). United States v. Sherbak, 950 F.2d 1095, 1099-
1100 (5th Cir. 1992).
AFFIRMED.

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