United States Eighth Circuit

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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.

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.