United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED May 5, 2021 No. 20-50304 Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Tredon Smith,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:19-CR-168-1

Before King, Smith, and Haynes, Circuit Judges. Haynes, Circuit Judge: While at a friend’s house, Tredon Smith touched a Smith & Wesson .38