USA v. Dionisio Saucedo, Jr.

Filing

UNPUBLISHED OPINION FILED. [10-10165 Affirmed ] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010 for Appellant Dionisio Anibal Saucedo Jr.; granting motion for summary affirmance filed by Appellee USA [6552248-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6552248-3] [10-10165]

USA v. Dionisio Saucedo, Jr. Case: 10-10165

Document: 00511274787 Page: 1 Date Filed: 10/26/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-10165 C o n fe r e n c e Calendar October 26, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. D I O N I S I O ANIBAL SAUCEDO, JR., D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 6:09-CR-40-1

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* D io n is io Anibal Saucedo, Jr., appeals the sentence imposed upon his g u ilt y -p le a conviction for aiding and abetting the possession of an unregistered f i r e a r m . See 26 U.S.C. § 5861(d). The unregistered firearm at issue was a s a w e d -o ff shotgun. Saucedo argues that the sawed-off shotgun should not have b e e n deemed a "destructive device" under U.S.S.G. § 2K2.1(b)(3)(B) and that his s e n te n c e should not have been enhanced on that basis.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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Case: 10-10165 Document: 00511274787 Page: 2 Date Filed: 10/26/2010 No. 10-10165 A s Saucedo acknowledges, his argument is foreclosed by United States v. H e n r y , 417 F.3d 493, 494 (5th Cir. 2005). Accordingly, the judgment of the d is t r ic t court is AFFIRMED. The Government's motion for summary affirmance is GRANTED, and its alternative motion for an extension of time is DENIED.

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