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U.S. v. LAMM

No. 04-10315.

392 F.3d 130 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Darvin LAMM, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 2004.

Attorney(s) appearing for the Case

Jeffrey Robert Haag (argued), Lubbock, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Asst. Fed. Pub. Def. (argued), Fort Worth, TX, for Defendant-Appellant.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Paul Darvin Lamm, Jr., pleaded guilty to being a controlled substance user in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3) (the instant offense). Appealing only his sentence, he contests the addition of one criminal history point, under Sentencing Guidelines § 4A1.2(c), for his prior conviction for shoplifting. At issue is whether shoplifting an item valued less than $50 (petty theft) should be excluded...

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