United States v. Hunt ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 8, 2006
Charles R. Fulbruge III
Clerk
No. 06-30268
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRANDON LAMON HUNT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:05-CR-50029
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Brandon Lamon Hunt appeals his guilty plea conviction for
possession of a firearm in furtherance of a drug trafficking
crime. He contends that the factual basis was insufficient to
support his conviction because it failed to establish that he
used the firearm and that he possessed it. Because Hunt did not
challenge the sufficiency of the factual basis in the district
court, review is for plain error only. United States v. Marek,
238 F.3d 310, 315 (5th Cir. 2001).
*
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this opinion should not be published and is not precedent except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. 06-30268
-2-
Hunt’s argument that the Government failed to allege or
prove use of the firearm is without merit. The Government was
not required to prove that Hunt used the firearm but rather that
he possessed the firearm in furtherance of a drug trafficking
crime. See United States v. Ceballos-Torres, 218 F.3d 409, 412-
13 (5th Cir.), amended on other grounds, 226 F.3d 651 (5th Cir.
2000).
The factual basis provided that an undercover agent observed
Hunt with the firearm during a purchase of narcotics. The
firearm was wedged between the center console and the driver’s
seat of Hunt’s vehicle. The officer had observed Hunt on two
prior occasions with the same firearm while he was engaging in
distributing narcotics. The firearm was seized from Hunt’s
vehicle immediately after his arrest. The factual basis was
sufficient to support Hunt’s guilty plea. Ceballos-Torres, 218
F.3d at 410-15; United States v. Ybarra, 70 F.3d 362, 365 (5th
Cir. 1995). Accordingly, Hunt has failed to establish plain
error, and the district court’s judgment is AFFIRMED.