US v. Peroceski, 07-1336
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.
- Decided 03/28/2008
- Published 03/28/2008
- ARNOLD, Circuit Judge., Before BYE, ARNOLD, and MELLOY, Circuit Judges.
- United States Eighth Circuit
- 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.