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UNITED STATES v. STAUDER, II

No. 95-10112.

73 F.3d 56 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Joseph STAUDER, II, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 8, 1996.

Attorney(s) appearing for the Case

Christy Lee Drake, Assistant U.S. Attorney, Office of the United States Attorney, Amarillo, TX, for plaintiff-appellee.

Sam L. Ogan, Office of the Federal Public Defender, Amarillo, TX, for defendant-appellant.

Before REAVLEY, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PER CURIAM:

At issue is whether, for sentencing for a felon in possession of a firearm conviction, a Texas criminal deferred adjudication can be used for calculating the base offense level under the Sentencing Guidelines. We AFFIRM.

I.

Thomas Joseph Stauder, II, pleaded guilty to being a felon in possession of a firearm. For calculating Stauder's base offense level pursuant to U.S.S.G. § 2K2.1(a)(4)(A), and over Stauder's objection...

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