United States Eighth Circuit

In order to apply a two-level enhancement under U.S.S.G. section 2D1.1(b)(1) for possessing a dangerous weapon in connection with a drug crime, the government must prove: 1) the weapon was present; and 2) it was not clearly improbable that the gun was connected to the offense.

Appellate Information

• Decided 03/28/2008
• Published 03/28/2008

Judges

• ARNOLD, Circuit Judge., Before BYE, ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Katherine M. Menendez, AFPD, argued, Gregory Scanlon, law clerk, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Timothy Christopher Rank, AUSA, argued, Omar A. Syed, AUSA, on the brief, Minneapolis, MN, for appellee.