USA v. Hughs, No. 07-41242 (5th Cir. 2008)
Annotate this Case
Download PDF
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 07-41242 Summary Calendar July 1, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOHN PHILLIP HUGHS Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:07-CR-113-1 Before SMITH, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* John Phillip Hughs appeals the sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm. He contends the district court erred by increasing his sentence for possessing a firearm in connection with possession of methamphetamine, pursuant to U.S.S.G. § 2K2.1(b)(6). Hughs asserts the adjustment was inapplicable because there was no evidence his use or possession of the firearm facilitated or made more dangerous any other felony offense. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-41242 Although post-Booker, the Sentencing Guidelines are advisory only, and an ultimate sentence is reviewed for reasonableness under an abuse-ofdiscretion standard, the district court must still properly calculate the guidelinesentencing range for use in deciding on the sentence to impose. Gall v. United States, 128 S. Ct. 586, 596 (2007). In that respect, its application of the guidelines is reviewed de novo; its factual findings, only for clear error. E.g., United States v. Villegas, 404 F.3d 355, 359 (5th Cir. 2005). The loaded shotgun in Hughs van was readily available to Hughs to protect his drug-related activities and had the potential to facilitate those activities. United States v. Conden, 18 F.3d 1190, 1200 (5th Cir. 1994); § 2K2.1 cmt. n.14(A). There is an automatic increase in the danger of physical violence . . . when drugs and guns are present together . United States v. Houston, 364 F.3d 243, 250 (5th Cir. 2004) (quoting United States v. Fadipe, 43 F.3d 993, 99495 (5th Cir. 1995)). Therefore, the district court did not err in applying an increase to Hughs sentence pursuant to § 2K2.1(b)(6). See United States v. Condren, 18 F.3d 1190, 1200 (5th Cir. 1994); § 2K2.1 cmt. n.14(A). AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
