Opinion
No. 09-10523 Summary Calendar.
January 19, 2010.
Jeffrey Robert Haag, U.S. Attorney's Office, Lubbock, TX, for Plaintiff-Appellee.
Jason Douglas Hawkins, Federal Public Defender's Office, Dallas, TX, Sherylynn Ann Kime-Goodwin, Assistant Federal Public Defender, Federal Public Defender's Office, Lubbock, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 1:08-CR-65-1.
Before GARZA, CLEMENT, and OWEN, Circuit Judges.
Julio Noel Robles appeals the 71-month term of imprisonment imposed following his guilty-plea conviction for being a felon in possession of a firearm, a Kimber, Model Elite Carry, .45 caliber semi-automatic pistol. Robles challenges the district court's application of a four-level enhancement based upon his earlier possession of a firearm, a Smith and Wesson pistol, in connection with another felony offense, possession of marijuana. See U.S.S.G. § 2K2.1(b)(6).
Robles's challenge is without merit. The two firearms offenses occurred within four months of each other. In each instance, the discovery of the firearm resulted from an investigation into suspected drug and/or gang activity by Robles. Additionally, Robles possessed similar firearms (pistols), and he possessed both fire-arms after a felony conviction. As in United States v. Brummett, 355 F.3d 343, 345 (5th Cir. 2003), the "pattern of behavior of possessing firearms was similar and regular, and the time period between the offenses permits a conclusion that the fire-arms possessions were part of an ongoing series of offenses." The district court therefore did not err in applying the § 2K2.1 (b)(6) enhancement. See Brummett, 355 F.3d at 344-45.
AFFIRMED.