United States v. Pettry , 115 F. App'x 231 ( 2004 )


Menu:
  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                December 16, 2004
    Charles R. Fulbruge III
    Clerk
    No. 04-40599
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee.
    versus
    EMORY ALLAN PETTRY,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 4:03-CR-43-RAS-ALL
    --------------------
    Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Emory Allen Pettry appeals his sentence following a guilty
    plea conviction for possession of a controlled substance with
    intent to distribute, using and carrying a firearm during and in
    relation to a drug trafficking crime, and manufacturing an
    unregistered firearm.   Pettry argues that the district court
    misapplied the Sentencing Guidelines by enhancing his offense
    level for manufacturing an unregistered firearm on the basis that
    Pettry manufactured the firearm in connection with another felony
    *
    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    this opinion should not be published and is not precedent except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.
    No. 04-40599
    -2-
    offense.   Pettry argues that the sentence enhancement is
    erroneous in light of U.S.S.G. § 2K2.4, comment. (n.4), because
    his sentence for manufacturing a firearm is to be served
    consecutively to his sentence for using and carrying a firearm
    during and in relation to a drug trafficking crime.
    Pettry’s sentence for manufacturing an unregistered firearm
    was not enhanced based on his use of a firearm, but because he
    manufactured the device in connection with the felony offense of
    manufacturing methamphetamine.   Accordingly, we find no error in
    the district court’s sentencing determination.   United States v.
    Washington, 
    340 F.3d 222
    , 230-31 (5th Cir.), cert. denied, 
    124 S. Ct. 942
     (2003).
    AFFIRMED.
    

Document Info

Docket Number: 04-40599

Citation Numbers: 115 F. App'x 231

Judges: Clement, DeMOSS, King, Per Curiam

Filed Date: 12/16/2004

Precedential Status: Non-Precedential

Modified Date: 8/2/2023