United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 30, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-41000
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO I. GUZMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-03-CR-12-1
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Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:1
Ricardo I. Guzman appeals his sentence following his guilty
plea conviction of being a felon in possession of a firearm in
violation of 18 U.S.C. § 922(g)(1). Guzman argues that the
district court clearly erred in finding by a preponderance of the
evidence that he had used or possessed the firearm in connection
with another felony offense, specifically, the kidnaping of Sally
Moncevais. Guzman urges that the district court thus improperly
1
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that this opinion should not be published and is not precedent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. 03-41000
-2-
ncreased his offense level by four levels pursuant to U.S.S.G.
§ 2K2.1(b)(5).
A review of the record shows that the district court correctly
found that Guzman committed kidnaping as defined by Texas law. See
TEX. PENAL CODE §§ 20.01(1); 20.03. A preponderance of the evidence
also shows that the gun was used “in connection with” the
kidnaping. See United States v. Fadipe, 43 F.3d 993, 994 (5th Cir.
1995).
AFFIRMED.
2