United States v. Jones , 214 F. App'x 482 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 24, 2007
Charles R. Fulbruge III
Clerk
No. 06-30421
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROY J. JONES, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:05-CR-60046-1
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Roy J. Jones, Jr. appeals the sentence imposed by the
district court following his guilty-plea conviction for being a
felon in possession of a firearm. See 18 U.S.C. § 922(g)(1).
Jones argues that the district court erred in increasing his
offense level by four levels under U.S.S.G. § 2K2.1(b)(5) for
possessing the firearm in connection with the felony offense of
cocaine possession.
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
No. 06-30421
-2-
Jones first asserts that the district court clearly erred in
finding that he possessed cocaine. Based on the record as a
whole, the district court’s finding that Jones possessed cocaine
was plausible and therefore not clearly erroneous. See United
States v. Condren, 18 F.3d 1190, 1199 (5th Cir. 1994).
Jones also argues that § 2K2.1(b)(5) is inapplicable to his
case because his firearm possession did not occur in connection
with the cocaine possession. The district court did not err in
its application of § 2K2.1(b)(5) to Jones’s case. See United
States v. Armstead, 114 F.3d 504, 512 (5th Cir. 1997); Condren,
18 F.3d at 1199-1200.
Accordingly, the judgment of the district court is AFFIRMED.