IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-11018
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FLORENTINO NUNEZ JIMENEZ,
also known as Javier Padilla Avila,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CR-102-4-Y
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June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Florentino Nunez Jimenez (“Nunez”) appeals the sentencing
following his guilty plea for distribution of pure
methamphetamine. Nunez argues that the district court erred in
assessing a two point sentencing enhancement for possession of a
firearm during the commission of the convicted offense. Nunez
also argues that the district court erred in refusing to award
him credit for the time that he served in state confinement.
*
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that this opinion should not be published and is not precedent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. 01-11018
-2-
The district court’s decision to enhance Nunez’ offense
level for possession of a firearm under § 2D1.1(b)(1) is a
factual determination that this court reviews for clear error.
United States v. Broussard, 80 F.3d 1025, 1041 (5th Cir. 1996).
The firearm adjustment was not clearly erroneous because the gun
was found in Nunez’ bedroom, where the drugs were also found, and
because Nunez failed to establish that it was “clearly
improbable” that the gun was connected with the offense. See
United States v. Vasquez, 161 F.3d 909, 913 (5th Cir. 1998).
Nunez’ argument regarding the district court’s failure to
credit him for the time that he served in state custody is
foreclosed by United States v. Wilson, 503 U.S. 329, 331-32, 334
(1992).
For the foregoing reasons, Nunez’ sentence is AFFIRMED.