United States v. Williams , 214 F. App'x 431 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 18, 2007
Charles R. Fulbruge III
Clerk
No. 06-30288
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARCUS WILLIAMS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:04-CR-190-ALL
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Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Marcus M. Williams appeals the sentence that he received
after he pleaded guilty to being a felon in possession of a
firearm. Williams argues that the district court erred when it
enhanced his sentence pursuant to U.S.S.G. § 2K2.1(b)(5) because
he would not be convicted for “another felony offense” in light
of Louisiana jurisprudence applying LA. REV. STAT. 14:27.
Williams’s argument is unavailing. Commentary to the Guideline
explicitly states that a conviction need not be obtained for the
Guideline to apply. § 2K2.1(b)(5), comment. (n.4). Moreover,
*
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this opinion should not be published and is not precedent except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. 06-30288
-2-
the offense conduct as set forth in the Presentence Report
supports the district court’s determination that Williams
possessed a firearm and ammunition in connection with another
felony offense. See United States v. Gonzales, 436 F.3d 560, 584
(5th Cir. 2006). Williams’s challenge to the reasonableness of
his sentence, which was within the applicable guidelines range of
imprisonment, is likewise unavailing. See United States v.
Alonzo, 435 F.3d 551, 554 (5th Cir. 2006); United States v. Ruff,
984 F.2d 635, 640 (5th Cir. 1993).
AFFIRMED.