United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
September 29, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-30281
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
PRESTON DUNN, JR.,
Defendant-
Appellant.
--------------------------------------------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 02-CR-61-1-C
--------------------------------------------------------
Before SMITH, DEMOSS and STEWART, Circuit Judges.
PER CURIAM:*
Preston Dunn, Jr., appeals his 48-month sentence for possessing a firearm in violation of a
protective order in violation of 28 U.S.C. § 922(g)(8). Dunn argues that the district court clearly
erred by increasing his offense level based on the court’s finding that Dunn used the prohibited
firearm in connection with an assault on his wife and that the court erroneously departed upward
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
based on Dunn’s prior unadjudicated criminal conduct. Dunn disputes the factual finding that the
assault involved a firearm, but he does not suggest that the court computed his offense level
incorrectly if the finding of a firearm is correct. The district court’s factual finding that the assault
involved a firearm is supported by the evidence. United States v. Edwards, 65 F.3d 430, 432 (5th
Cir. 1995). We find no error in the district court’s decision to depart upward at sentencing based on
the fact that Dunn’s unadjudicated criminal history demonstrates a consistent pattern of incidents
involving violence against women.
AFFIRMED.
-2-