Longino Lopez Flores, IV v. United States
QP: Did the Fifth Circuit err in affirming a four-level sentencing enhancement for simultaneous possession of drugs and a firearm under 18 U.S.C. § 922(g)(1)?
No question identified. : Question Pr esented for Review Did the Fifth Circuit err in affirm ing the four level enhancement to petition er’s sentencing range for a convic tion unde r 18 U.S.C. § 922(g)(1), whic h is authoriz ed when the defendant used or posse ssed any firearm in conne ction with anothe r felony offense, when the evidence was insuffic ient to support this enhancement because it only showe d simultaneous presence of drugs and a firearm, and the Fifth Circuit failed to rely on its two prior opini ons that refused to apply this type of enhancement, but instead relied on a Fourth Circuit opinion to affirm petitione r’s sentence? i List of Par ties The names of the parties are listed in the caption of this case. The judgm ent in a criminal case was imposed by the Hon. Alan D. Albright, Unite d States Distric t Judge for the Western Distric t of Texas, Waco Division. The panel of the Unite d States Court of Appe als for the Fifth Circuit at New Orleans, Louisia na, whic h conside red petitione r’s appeal and issue d an unpublishe d per curiam opinion, consiste d of Fifth Circuit Judge s Jacques L. Wiener, Jr., Don R. Willett, and Stuart Kyle Dunc an. ii Table of Conte nts Question Pre sented for R eview. i List of Pa rties. ii