United States v. Diaz-Gomez, No. 11-50159 (5th Cir. 2012)
Annotate this CaseDefendant plead guilty to two counts of violating 18 U.S.C. 554 by attempting to export a nine-millimeter semi-automatic handgun and various ammunition, and concealing the items for export. On appeal, defendant challenged the district court's application of U.S.S.G. 2M5.2, arguing that the court erred by finding that he did not qualify for a base offense level of 14 under subsection (a)(2) and by applying the base offense level of 26 under subsection (a)(1). The court rejected defendant's argument that the district court erred by finding that section 2M5.2(a)(2) did not apply because the court improperly read the term "only" in isolation without interpreting subsection (a)(2) in the context of the overall Guidelines. Because the district court did not err in its application of section 2M5.2, the court affirmed the judgment, noting a harmless typographical error in the judgment.
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