Fifth Circuit - Firearms

United States v. Rodriguez-Leos, 953 F.3d 320 (5th Cir. 2020). The three-level reduction at §2X1.1 for attempt applied to a defendant convicted of unlawfully exporting ammunition. At the time of his arrest, he had bought the ammunition but did not have possession of it, and there was no showing that completion of the offense was inevitable or imminent.

United States v. Valdez, 973 F.3d 396 (5th Cir. 2020). In a firearms case where the defendant pleaded guilty without a plea agreement, counsel’s gross undercalculation of the Guidelines range was not unreasonably deficient. Counsel informed the defendant of the correct statutory penalties and clearly indicated that his estimate was not a promise.

United States v. Kendrick, 980 F.3d 432 (5th Cir. 2020). The court did not err in applying §2K2.1(b)(6)(B)’s four-level enhancement for possession of a firearm in connection with another felony. The firearms were in close proximity to a cutting agent and a digital scale.

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