Filed: Jul. 16, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 16, 2007 Charles R. Fulbruge III Clerk No. 06-51102 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. MARCO BUNDOC, JR. Defendant - Appellant - Appeal from the United States District Court for the Western District of Texas USDC No. 1:06-CR-68-ALL - Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Marco Bundoc, Jr., appeals the 120 month sentenc
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 16, 2007 Charles R. Fulbruge III Clerk No. 06-51102 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. MARCO BUNDOC, JR. Defendant - Appellant - Appeal from the United States District Court for the Western District of Texas USDC No. 1:06-CR-68-ALL - Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Marco Bundoc, Jr., appeals the 120 month sentence..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 16, 2007
Charles R. Fulbruge III
Clerk
No. 06-51102
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MARCO BUNDOC, JR.
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:06-CR-68-ALL
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Marco Bundoc, Jr., appeals the 120 month sentence imposed
following his guilty plea conviction for possession of a firearm
by a convicted felon. He argues that the district court erred in
applying the U.S.S.G. § 2K2.1(b)(5) enhancement for possession of
a firearm in connection with another felony offense. Bundoc
contends that the Government failed to show a nexus between the
possession of the firearm and the drug crimes. He also argues
that the firearm could not have been used to facilitate the drug
*
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this opinion should not be published and is not precedent except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. 06-51102
-2-
crimes because it was unloaded and no ammunition was found in the
residence.
Contrary to Bundoc’s argument, the Government need not
establish the nexus he asserts between the firearm and the drug
offenses. See United States v. Condren,
18 F.3d 1190, 1199 (5th
Cir. 1994).
Bundoc’s argument that the evidence did not establish that
the firearm could not have been used to facilitate the crimes is
without merit. Although Bundoc’s firearm was not loaded, its
presence in proximity to the drugs shows that it could have been
used as a theft deterrent and thus used to facilitate the crime.
See United States v. Armstead,
114 F.3d 504, 511 (5th Cir. 1997).
Accordingly, the judgment of the district court is AFFIRMED.