Longino Lopez Flores, IV v. United States
Did the Fifth Circuit err in affirming the four level enhancement to petitioner's sentencing range for a conviction under 18 U.S.C. § 922(g)(1), which is authorized when the defendant used or possessed any firearm in connection with another felony offense, when the evidence was insufficient to support this enhancement because it only showed simultaneous presence of drugs and a firearm, and the Fifth Circuit failed to rely on its two prior opinions that refused to apply this type of enhancement, but instead relied on a Fourth Circuit opinion to affirm petitioner's sentence?
QP: Did the Fifth Circuit err in affirming a four-level sentencing enhancement for simultaneous possession of drugs and a firearm under 18 U.S.C. § 922(g)(1)?