United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 29, 2004
Charles R. Fulbruge III
Clerk
No. 04-40486
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VINCENT ROSALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(6:03-CR-97-ALL)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Vincent Rosales appeals the sentence
imposed by the district court following his guilty-plea conviction
for aiding and abetting the possession of a stolen firearm. 18
U.S.C. §§ 2, 922(j), 924(a)(2). Rosales argues that the district
court erred in increasing his offense level by four levels under
U.S.S.G. § 2K2.1(b)(5) for possessing a firearm in connection with
the felony offense of burglary, arguing that the stolen firearm was
not used “in connection with” the burglary but, rather, was 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this opinion should not be published and is not precedent except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.
“object” of the burglary. Rosales misses the mark. First, the
guideline in question applies disjunctively to use or possession;
and Rosales indisputably possessed the firearm in question during
the burglary, from the time it was stolen for the remainder of the
burglary. See United States v. Luna, 165 F.3d 316, 323-24 (5th
Cir. 1999). Second, the district court did not clearly err in
determining that Rosales possessed a firearm “in connection with”
the burglary offense. See United States v. Armstead, 114 F.3d 504,
512 (5th Cir. 1997); United States v. Condren, 18 F.3d 1190, 1193,
1199-1200 (5th Cir. 1994); see also United States v. Luna, 165 F.3d
at 322-24. The sentence imposed by the district court is
AFFIRMED.
2