United States v. Williams

United States Court of Appeals
for the Fifth Circuit

No. 20-30118
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Leon Williams,

Defendant—Appellant.

Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:18-CR-143-1

Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
Leon Williams appeals his 40-month sentence for possession of a
firearm by a convicted felon. He challenges the district court’s application
of the U.S.S.G. § 2K2.1(a)(3) base offense level, asserting that he did not
know the firearm he possessed was capable of accepting a large capacity

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
October 27, 2020

Lyle W. Cayce
Clerk
Case: 20-30118 Document: 00515618002 Page: 1 Date Filed: 10/27/2020

No. 20-30118
2
magazine. We review challenges to the district court’s interpretation or
application of the Sentencing Guidelines de novo. United States v. Cisneros-
Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008).
In United States v. Fry, 51 F.3d 543, 546 (5th Cir. 1995), we held that,
because § 2K2.1(a)(3) made “no reference to the defendant’s mental state[,]
[t]he section [wa]s plain on its face and should not, in light of the apparent
intent of the drafters, be read to imply a scienter requirement.” Although
§ 2K2.1(a)(3) has been amended since Fry, nothing in the text or
commentary of § 2K2.1(a)(3) imposes a mens rea requirement. See
§ 2K2.1(a)(3) and comment. (n.2).
AFFIRMED.
Case: 20-30118 Document: 00515618002 Page: 2 Date Filed: 10/27/2020