United States v. Gamez

Opinion

Case: 25-40552 Document: 63-1 Page: 1 Date Filed: 08/12/2026

United States Court of Appeals for the Fifth Circuit

____________ United States Court of Appeals Fifth Circuit

No. 25-40552

FILED

August 12, 2026

Summary Calendar ____________ Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Daniel Gamez,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:25-CR-623-1

______________________________

Before Elrod, Chief Judge, and Southwick and Ramirez, Circuit Judges. Per Curiam: * Daniel Gamez was convicted of one count of possession of a firearm after a felony conviction and sentenced to 92 months of imprisonment. He appeals the application of a two-level upward adjustment pursuant to U.S.S.G. § 2K2.1(b)(1)(A) and a four-level upward adjustment pursuant to U.S.S.G. § 2K2.1(b)(6)(B). We review the district court’s interpretation and

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-40552 Document: 63-1 Page: 2 Date Filed: 08/12/2026

No. 25-40552

application of the Sentencing Guidelines de novo and its factual findings for clear error. United States v. Jeffries, 587 F.3d 690, 692 (5th Cir. 2009).

Gamez has not shown that the district court clearly erred by applying the adjustments pursuant to § 2K2.1(b)(1)(A) and § 2K2.1(b)(6)(B). See United States v. Brummett, 355 F.3d 343, 345 (5th Cir. 2003); United States v. Choulat, 75 F.4th 489, 492-93 (5th Cir. 2023). Accordingly, the judgment of the district court is AFFIRMED.