United States v. Velasquez, No. 15-40855 (5th Cir. 2016)Annotate this Case
Defendant pleaded guilty to one count of making a false statement or representation with regards to firearm records and was sentenced to 46 months in prison. The court concluded that, although the district court clearly erred in applying four-level enhancements under USSG 2K2.1(b)(5) and 2K2.1(b)(6), defendant failed to show a reasonable probability that, but for the district court’s error, she would have received a lesser sentence. Therefore, because the error did not affect her substantial rights, the court affirmed the judgment. The court found no merit in defendant's argument, raised for the first time on appeal, that the section 2K2.1(c)(1)(A) cross-reference should not apply in her case.