United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 19, 2004
Charles R. Fulbruge III
Clerk
No. 04-10313
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN ROBERT WIMBERLEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:03-CR-55-ALL
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
John Robert Wimberley appeals his guilty-plea conviction and
sentence for being a convicted felon in possession of ammunition.
Wimberley argues that the district court erred in applying the
enhancement provision found in U.S.S.G. § 2K2.1(b)(5) of the
Sentencing Guidelines because there was no evidence that he
possessed ammunition in connection with another felony offense.
After a thorough review of the record and the applicable law, we
hold that the district court did not clearly err in applying the
*
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that this opinion should not be published and is not precedent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. 04-10313
-2-
enhancement of U.S.S.G. § 2K2.1(b)(5), because there was
sufficient evidence to show that Wimberley possessed ammunition
in connection with the felony offense of possession of
methamphetamine. See United States v. Condren, 18 F.3d 1190,
1193, 1199-1200 (5th Cir. 1994); United States v. Armstead, 114
F.3d 504, 512 (5th Cir. 1997).
Wimberley also argues that the district court improperly
sentenced him based on facts not admitted or found by a jury in
violation of Blakely v. Washington, 124 S. Ct. 2531 (2004). This
argument is foreclosed by United States v. Pineiro, 377 F.3d 464,
473 (5th Cir. 2004), petition for cert. filed, (U.S. Jul. 14,
2004) (No. 03-30437).
AFFIRMED.