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UNITED STATES v. LUNA-GONZALEZ

No. 21-40397.

34 F.4th 479 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Virgilio Cesar LUNA-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED May 18, 2022.

Attorney(s) appearing for the Case

Jessica Carol Akins , Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Evan Gray Howze , Assistant Federal Public Defender, Kathryn Shephard , Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before Higginson, Willett, and Ho, Circuit Judges.

In this sentencing appeal, Appellant pleaded guilty to violating 18 U.S.C. § 922(g)(5)(A), which makes it unlawful for aliens illegally in the country to possess firearms. But he insists the district court erred at sentencing by applying § 2K2.1(a)(4)(B) of the Sentencing Guidelines, which imposes an elevated...

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