Opinion
No. 10-10165 Conference Calendar.
October 26, 2010.
Jeffrey Robert Haag, Assistant U.S. Attorney, U.S. Attorney's Office, Lubbock, TX, for Plaintiff-Appellee.
Jason Douglas Hawkins, Federal Public Defender, Federal Public Defender's Office, Dallas, TX, Michael Lowell King, Assistant Federal Public Defender, Lubbock, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 6:09-CR-40-1.
Before SMITH, DENNIS, and CLEMENT, Circuit Judges.
Dionisio Anibal Saucedo, Jr., appeals the sentence imposed upon his guilty-plea conviction for aiding and abetting the possession of an unregistered firearm. See 26 U.S.C. § 5861(d). The unregistered firearm at issue was a sawed-off shotgun. Saucedo argues that the sawed-off shotgun should not have been deemed a "destructive device" under U.S.S.G. § 2K2.1(b)(3)(B) and that his sentence should not have been enhanced on that basis.
As Saucedo acknowledges, his argument is foreclosed by United States v. Henry, 417 F.3d 493, 494 (5th Cir. 2005). Accordingly, the judgment of the district court is AFFIRMED. The Government's motion for summary affirmance is GRANTED, and its alternative motion for an extension of time is DENIED.