United States Ninth Circuit

Mere possession of a firearm does not merit an upward adjustment under USSG 2K2.1(b)(5), and where defendant did not touch the rifle during the time between his failure to appear for sentencing and his eventual arrest, a sentence enhancement for possession of a firearm "in connection with" a felony is not appropriate.

Appellate Information

• Argued 07/11/2000
• Decided 02/15/2001
• Published 02/15/2001

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before:  FERGUSON, GRABER, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Terri Wood, Eugene, Oregon, for the appellant.


• For Appellees:
  
• William E. Fitzgerald, Assistant United States Attorney, Eugene, Oregon, for the appellee.