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U.S. v. BAILENTIA

No. 12-40678 Summary Calendar.

717 F.3d 448 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Earl BAILENTIA, Jr., Also Known as Tony Earl Bailentia, Also Known as Tony Earl Jones, Also Known as Thomas Edward Bailey, Jr., Also Known as LA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 2, 2013.

Attorney(s) appearing for the Case

John B. Ross , Assistant U.S. Attorney, U.S. Attorney's Office, Beaumont, TX, for Plaintiff-Appellee.

John Dale McElroy , Assistant Federal Public Defender, Federal Defender's Office, Beaumont, TX, for Defendant-Appellant.

Before SMITH, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Tony Bailentia, Jr., was convicted of being a felon in possession of a firearm and sentenced pursuant to the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), and U.S. Sentencing Guidelines § 4B1.4 to 252 months of imprisonment and five years of supervised release. He challenges his conviction and sentence on several grounds.

Bailentia contends there was insufficient evidence that he possessed the firearm...

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