United States v. Barlow

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-40565 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-appellee, versus TERRY BELLINI BARLOW, Defendant-Appellant. ______________________________________________ Appeal from the United States District Court for the Eastern District of Texas (1:95-CR-166-1) _____________________________________________ December 13, 1996 Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges. PER CURIAM:* This appeal concerns the district court's application of U.S.S.G. § 2K2.1(b)(5), which provides for a four-level increase in offense level if the defendant used or possessed a firearm in connection with another felony offense. Terry Barlow pleaded guilty to stealing firearms, which were previously shipped in interstate commerce, from a licensed firearms dealer in violation * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. of 18 U.S.C. § 922(u). These firearms were acquired as a result of conduct which would constitute the felony offense of burglary in violation of Tex. Penal Code Ann. § 30.02(a)(1), (3).