United States v. Gomez

Opinion

Case: 23-40442 Document: 97-1 Page: 1 Date Filed: 06/09/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-40442 Summary Calendar FILED ____________ June 9, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Santos Gomez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-276-1 ______________________________

Before Higginbotham, Jones, and Oldham, Circuit Judges. Per Curiam: * Santos Gomez pleaded guilty to conspiracy to possess with intent to manufacture and distribute methamphetamine, in violation of 21 U.S.C. § 846, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). On appeal, he contends that there is an inadequate factual basis to support his firearm conviction, specifically that he

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40442 Document: 97-1 Page: 2 Date Filed: 06/09/2025

No. 23-40442

possessed the firearms found in his residence “in furtherance of” the drug conspiracy. 18 U.S.C. § 924(c)(1)(A). We assume without deciding that plain error review applies. See United States v. Rodriguez, 602 F.3d 346, 350-51, 361 (5th Cir. 2010). In light of the entire record, see United States v. Hicks, 958 F.3d 399, 401 (5th Cir. 2020), which, inter alia, shows that Gomez was a methamphetamine supplier and the firearms were found in his residence alongside methamphetamine, we conclude that Gomez has not established a clear or obvious error in the district court’s acceptance of the factual basis for his guilty plea, see United States v. Walker, 828 F.3d 352, 355-56 (5th Cir. 2016). Gomez, pro se, has moved for the appointment of new counsel, which is DENIED. The judgment of the district court is AFFIRMED.