United States v. Sifuentes

In United States v. Sifuentes, No. 22-40825 (5th Cir. Jan. 22, 2024) (unpublished), the Fifth Circuit affirmed application of USSG § 2M5.2(a)(1) (exportation of firearms and ammunition), rejecting the defendant’s argument that four magazines should not be treated like separate “weapons” under the Guideline.

Under USSG § 2M5.2, the base offense level is typically 26, but it may drop to 14 “if the offense involved only (A) non-fully automatic small arms (rifles, handguns, or shotguns), and the number of weapons did not exceed two, (B) ammunition for non-fully automatic small arms, and the number of rounds did not exceed 500, or (C) both.” The Fifth Circuit and the district court both rejected the defendant’s argument that he qualified for that 14-point exception.

This offense involved one pistol, 100 rounds of ammunition, and four firearm magazines. The Fifth Circuit reasoned that magazines are “component parts” classified as “prohibited items under 18 U.S.C. § 554,” and there were three more magazines than guns. As a result, it concluded that this offense “involved a firearm, ammunition, and three additional component parts.”

The opinion did not clearly indicate the reasoning behind the court’s decision, but it cited United States v. Gonzalez, 792 F.3d 534, 537–39 (5th Cir. 2015), which held that magazines qualify as firearm “components” under the United States Munitions List., 22 C.F.R. § 121.1. Ultimately, in this case, the Fifth Circuit held that the district court did not clearly err in finding § 2M5.2(a)(2) inapplicable to these facts.

Finally, the court rejected the defendant’s unrelated challenge to the validity of his indictment because he had waived that issue by entering an unconditional guilty plea.