United States Fifth Circuit

Sentence enhancement based on possession of a firearm under USSG 2D1.1(b)(1) does not apply without drugs being found with the weapon or evidence presented that the location of the weapon was used in connection with drug trafficking activities, even if there was a gun possession at some point during the underlying conspiracy.

Appellate Information

• Decided 11/27/2001
• Published 11/27/2001

Judges

Court

• United States Fifth Circuit

Counsel