United States v. Angel Alvarado ( 2020 )

Case: 20-50083 Document: 00515598173 Page: 1 Date Filed: 10/12/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 12, 2020
No. 20-50083 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Angel Alvarez Alvarado,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:18-CR-52-1
Before Wiener, Southwick, and Duncan, Circuit Judges.
Per Curiam:*
Angel Alvarez Alvarado pleaded guilty, without the benefit of a plea
agreement, to possession of a firearm after felony conviction and was
sentenced to 51 months of imprisonment. He challenges the district court’s
application of a sentencing enhancement, under U.S.S.G. § 2K2.1(b)(6)(B),
*
Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 20-50083 Document: 00515598173 Page: 2 Date Filed: 10/12/2020
No. 20-50083
based on his possession of a firearm in connection with another felony
offense.
Here, the unrebutted presentence report stated that in addition to the
firearm, Alvarado possessed 51 grams of cocaine, individually packaged for
distribution, and that he admitted to selling cocaine for monetary
compensation. The district court did not clearly err by applying the
§ 2K2.1(b)(6)(B) enhancement based on its plausible determination that
Alvarado was engaged in drug trafficking. See § 2K2.1, comment.
(n.14(B)(ii)); United States v. Alcantar, 733 F.3d 143, 146-48 (5th Cir. 2013).
Alvarado’s unsupported speculation that he might have intended to consume
rather than distribute all of the cocaine he possessed is unpersuasive and
insufficient to demonstrate clear error. See Alcantar, 733 F.3d at 146.
AFFIRMED.
2