United States v. Gomez

In United States v. Gomez, No. 23-20068 (5th Cir. Aug. 16, 2024) (unpublished), the Fifth Circuit affirmed the district court’s denial of Gomez’s motion to suppress and its application of an enhanced base offense level under USSG § 2K2.1(a)(3).

Issue 1: Gomez was detained by a police officer after 1:00 a.m. in an apartment complex where a resident had just reported an ongoing burglary. When the officer approached, Gomez was holding a gun, before he threw it and began to flee. The Fifth Circuit agreed with the district court that those facts gave the officer reason to detain Gomez.

Issue 2: The district court found that Gomez’s gun was capable of accepting a large-capacity magazine, which subjected Gomez to an increased base offense level under the Sentencing Guidelines. See § 2K2.1(a)(3). On appeal, Gomez argued that because his gun had only contained one round of ammunition, it lacked “the ability to fire many rounds without reloading.” USSG § 2K2.1, cmt. n. 2.

Rather than resolve that issue, the Fifth Circuit found that any error was harmless. The district court had calculated a Guidelines range of 63 to 78 months before imposing an upward variance and sentencing Gomez to 120 months in prison. In so doing, the district court called that “the lowest reasonable sentence in this case,” saying “10 years is all I can give him.”

Although the court had not said it “would have imposed the same sentence regardless of any error,” the “presence or absence of such a statement is not dispositive.” The court’s statements were enough to show that it “had a particular sentence in mind” and “would have imposed this sentence, notwithstanding any potential error, based on independent factors.”