Background
Brayam Guerra Licon appealed his conviction and sentence for receipt or possession of an unregistered firearm in violation of Section twenty-six United States Code Section five thousand eight hundred sixty-one subsection D. The appeal was heard on the Summary Calendar of the Fifth Circuit.
The court’s reasoning
The court noted that the defendant conceded his Second Amendment challenge was foreclosed by United States versus Peterson. The court further agreed with the parties that the written judgment conflicted with the district court’s oral pronouncement. The oral order directed the sentence to run concurrently with any sentence in a pending Ector County case, while the written judgment stated it should run consecutively.
What it means going forward
The defendant remains convicted of the firearm offense, but the written judgment must be corrected to reflect concurrent rather than consecutive sentencing relative to the pending state case.