United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT December 30, 2005
Charles R. Fulbruge III
Clerk
05-10262
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICKY B. RAMIREZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
(6:04-CR-56-ALL-C)
Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ricky B. Ramirez appeals from his guilty-plea conviction for
being a convicted felon in possession of a firearm, in violation of
18 U.S.C. § 922(g)(1). (Ramirez waived his right to appeal his
conviction and sentence, with four exceptions. His appeal is not
barred, however, because his challenge to an incorrect application
of the United States Sentencing Guidelines was one of the listed
exceptions to his appeal-waiver provision.)
*
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this opinion should not be published and is not precedent except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.
Ramirez contends the district court erred by increasing his
sentence for possessing a firearm in connection with another felony
offense, pursuant to U.S.S.G. § 2K2.1(b)(5). Ramirez’s sentencing
hearing was held following the decision in United States v. Booker,
125 S. Ct. 738 (2005). The district court held the § 2K2.1(b)(5)
adjustment was applicable. Post-Booker, this court continues to
review the interpretation and application of the sentencing
guidelines de novo. United States v. Villegas, 404 F.3d 355, 359
(5th Cir. 2005).
Ramirez claims the adjustment was not applicable to his
sentence because: (1) the firearm and drugs found in his motel
room were not spatially proximate because they were contained in
separate bags, one of which was claimed by his girlfriend; and (2)
there was insufficient evidence that he had possession of the
drugs. The district court did not err in applying the
§ 2K2.1(b)(5) adjustment. See United States v. Condren, 18 F.3d
1190, 1199-1200 (5th Cir.), cert. denied, 513 U.S. 856 (1994)
(holding that a loaded gun in a defendant’s locked desk drawer was
within sufficient proximity to drugs elsewhere in the room to
satisfy § 2K2.1(b)(5), even though the defendant claimed he was
only keeping the gun as collateral).
AFFIRMED
2