United States v. Leon Williams

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 27, 2020
• Docket: 20-30118
• Status: Unpublished

Opinion

Case: 20-30118 Document: 00515618002 Page: 1 Date Filed: 10/27/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED October 27, 2020 No. 20-30118 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Leon Williams,

Defendant—Appellant.

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:18-CR-143-1

Before Davis, Stewart, and Dennis, Circuit Judges. Per Curiam:* Leon Williams appeals his 40-month sentence for possession of a firearm by a convicted felon. He challenges the district court’s application of the U.S.S.G. § 2K2.1(a)(3) base offense level, asserting that he did not know the firearm he possessed was capable of accepting a large capacity

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-30118 Document: 00515618002 Page: 2 Date Filed: 10/27/2020

No. 20-30118

magazine. We review challenges to the district court’s interpretation or application of the Sentencing Guidelines de novo. United States v. Cisneros- Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008). In United States v. Fry, 51 F.3d 543, 546 (5th Cir. 1995), we held that, because § 2K2.1(a)(3) made “no reference to the defendant’s mental state[,] [t]he section [wa]s plain on its face and should not, in light of the apparent intent of the drafters, be read to imply a scienter requirement.” Although § 2K2.1(a)(3) has been amended since Fry, nothing in the text or commentary of § 2K2.1(a)(3) imposes a mens rea requirement. See § 2K2.1(a)(3) and comment. (n.2). AFFIRMED.