IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20717
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IGOR LONGO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-95-CR-53
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May 30, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit
PER CURIAM:*
Igor Longo argues that the district court misapplied the
guidelines in determining his base offense level under U.S.S.G.
§ 2K2.1 because that sentencing guideline is not applicable to
his offense of conviction.
We have reviewed the record, including the transcript of the
sentencing hearing, the presentence report, and the briefs, and
find that the sentence imposed should be affirmed.
Longo was charged with the receipt of an explosive with the
knowledge and intent that it would be used unlawfully to damage
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-20717
-2-
and destroy real property. Longo's plea agreement reflected
that, had his case gone to trial, the Government would have
proved that Longo purchased the component parts of a pipe bomb,
which had exploded in a concrete trash receptacle. Longo
acknowledged that these facts were true at his rearraignment.
Thus, Longo's offense of conviction involved a bomb, which is
defined as a destructive device under the guidelines. See
§ 1B1.1, comment. (n.k). The district court correctly relied on
the commentary following § 2K1.3, which directed it to apply
§ 2K2.1 in determining Longo's base offense level.
AFFIRMED.