United States v. Henderson

* Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 8, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10274
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NATHAN DESHAWN HENDERSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-260-1-Y
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Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Nathan Deshawn Henderson pleaded guilty to conspiracy to
distribute marijuana in violation of 18 U.S.C. §§ 841(b)(1)(B)
and 846 and to possession of firearms in furtherance of a drug-
trafficking offense in violation of 18 U.S.C. § 924(c)(1)(A).
Henderson appeals only his conviction under 18 U.S.C.
§ 924(c)(1)(A).
Henderson argues that the factual basis for his guilty plea
was inadequate as a matter of law because the factual resume did

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not establish that he possessed firearms “in furtherance of” a
drug-trafficking offense for purposes of 18 U.S.C.
§ 924(c)(1)(A). Because Henderson did not object to the factual
basis for his plea in the district court, this court reviews the
district court’s acceptance of his guilty plea for plain error.
See United States v. Angeles-Mascote, 206 F.3d 529, 530 (5th Cir.
2000). In determining whether the district court’s acceptance of
Henderson’s guilty plea was plain error, this court reviews the
record as a whole. See United States v. Vonn, 535 U.S. 55, 59
(2002); United States v. Adams, 961 F.2d 505, 512-13 (5th Cir.
1992).
The factual resume stated that Henderson possessed at his
residence two firearms, one BFI .223 caliber semi-automatic
assault rifle and one .45 caliber UZI pistol, along with nine
pounds of marijuana. The record as a whole shows that Henderson
conspired to distribute marijuana using his home and automobiles.
Henderson’s drug dealings sometimes involved murder, theft, and
carjacking. A loaded and easily accessible semi-automatic rifle
was found at his residence where a substantial amount of drugs
and cash were also found. A loaded and easily accessible UZI
pistol was found in a Lincoln Navigator that was parked in the
driveway of Henderson’s residence. These facts, taken from the
record as a whole, show that Henderson possessed the two firearms
in furtherance of his conspiracy to distribute marijuana in

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violation of 18 U.S.C. § 924(c)(1)(A). See United States v.
Ceballos-Torres, 218 F.3d 409, 412-15 (5th Cir. 2000).
Inasmuch as the record contains sufficient facts to support
the basis for Henderson’s guilty plea, Henderson fails to meet
his burden of showing that the district court committed plain
error when it accepted his guilty plea. See Vonn, 535 U.S. at
59; Adams, 961 F.2d at 512-13.
AFFIRMED.

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