United States v. Stauder

At issue is whether, for sentencing for a felon in possession of a firearm conviction, a Texas criminal deferred adjudication can be used for calculating the base offense level under the Sentencing Guidelines. We AFFIRM.

I

Thomas Joseph Stauder, II, pleaded guilty to being a felon in possession of a firearm. For calculating Stauder’s base offense level pursuant to U.S.S.G. § 2K2.1(a)(4)(A), and over Stauder’s objection, the district court included as a prior felony conviction Stau-der’s 1991 guilty plea to aggravated assault in Texas state court, for which he received a ten-year sentence, but…