United States v. Dionisio Saucedo, Jr. , 399 F. App'x 13 ( 2010 )

Case: 10-10165 Document: 00511274787 Page: 1 Date Filed: 10/26/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 26, 2010
No. 10-10165
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DIONISIO ANIBAL SAUCEDO, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:09-CR-40-1
Before SMITH, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Dionisio Anibal Saucedo, Jr., appeals the sentence imposed upon his
guilty-plea conviction for aiding and abetting the possession of an unregistered
firearm. See 26 U.S.C. § 5861(d). The unregistered firearm at issue was a
sawed-off shotgun. Saucedo argues that the sawed-off shotgun should not have
been deemed a “destructive device” under U.S.S.G. § 2K2.1(b)(3)(B) and that his
sentence should not have been enhanced on that basis.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-10165 Document: 00511274787 Page: 2 Date Filed: 10/26/2010
No. 10-10165
As Saucedo acknowledges, his argument is foreclosed by United States v.
Henry, 417 F.3d 493, 494 (5th Cir. 2005). Accordingly, the judgment of the
district court is AFFIRMED. The Government’s motion for summary affirmance
is GRANTED, and its alternative motion for an extension of time is DENIED.
2