United States v. Battista

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40167 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARK BATTISTA, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:96-CR-59 - - - - - - - - - - August 18, 1997 Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges. PER CURIAM:* Mark A. Battista appeals his sentence in a guilty-plea conviction for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). He argues that the district court erred in assessing a four-point enhancement to his base offense level under U.S.S.G. § 2K2.1(b)(5) for possession of a firearm in connection with the possession of methamphetamine. We have reviewed the record and the briefs of the parties and conclude that the district court did not err in applying * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-40167 -2- § 2K2.1(b)(5). See United States v. Condren, 18 F.3d 1190, 1197- 98 (5th Cir. 1994). The judgment of the district court is AFFIRMED.