Conference Calendar UNITED STATES OF AMERICA v. Joey Kenneth Priddy

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51447
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOEY KENNETH PRIDDY
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:06-CR-172-2
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Joey Kenneth Priddy appeals the 46-month sentence he received following
his guilty-plea conviction for theft of U.S. property, in violation of 18 U.S.C.
§ 641; transportation of ammunition by a convicted felon, in violation of
18 U.S.C. § 922(g) (1); and transportation of stolen property through interstate
commerce, in violation of 18 U.S.C. § 2314. Priddy argues that the four-level
enhancement that he received pursuant to U.S.S.G. § 2K2.1(b)(5) was error
because his possession of ammunition was not “in connection with” his other
United States Court of Appeals
Fifth Circuit
F I L E D
October 25, 2007
Charles R. Fulbruge III
Clerk

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No. 06-51447
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felony offenses as the ammunition was the object of and occurred
contemporaneously with the other two offenses to which he pleaded guilty. The
Government moves for summary affirmance on the ground that the argument
is foreclosed by United States v. Armstead, 114 F.3d 504, 511 (5th Cir. 1997).
Priddy concedes that his argument is foreclosed by Armstead but seeks to
preserve the issue for possible Supreme Court review.
The § 2K2.1(b)(5) enhancement was appropriate in the instant case. See
Armstead, 114 F.3d at 511-13. The Government’s motion for summary
affirmance is GRANTED, and the district court’s judgment is AFFIRMED. The
Government’s motion for extension of time to file a brief is DENIED.

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