Beruflich Dokumente
Kultur Dokumente
No. 10-5132
No. 10-5228
Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:05-cr-00294-GCM-2)
Submitted:
Decided:
PER CURIAM:
Bobby Larue Thompson (Thompson), his younger brother
Tido Maurice Thompson (Tido), his father Bobby Larue Thompson,
Sr.
(Bull),
and
four
others
were
charged
Thompson
was
convicted
of
in
federal
Following a jury
conspiring
to
possess
with
The
his
evidence
appeal,
supporting
application
firearm.
argues
Thompson
of
challenges
Counts
two-level
Two,
the
Six,
enhancement
sufficiency
and
Seven
for
of
the
and
the
possession
of
the
district
court
erred
in
concluding
that
We affirm.
433, 440 (4th Cir. 2007); see United States v. Green, 599 F.3d
360, 367 (4th Cir.) (stating standard of review for denial of
Fed.
R.
Crim.
P.
29
motion),
cert.
3
denied,
131
S.
Ct.
271
(2010).
693,
700
omitted).
Substantial
reasonable
finder
of
(internal
evidence
fact
is
could
such
accept
quotation
evidence
as
marks
that
adequate
a
and
v.
Moye,
454
F.3d
Id. at 873.
390,
395
United
if
he
has
knowingly
associated
in
participation
required,
order
in
only
to
every
be
convicted
with
and
stage
of
an
participation
at
some
himself
aiding
illegal
stage
and
abetting,
venture
is
accompanied
not
by
maintains
that
the
Government
presented
no
131
testimony
S.
leads
Ct.
us
3440
(2010).
Our
to
conclude
that
review
of
substantial
the
trial
evidence
U.S.
Sentencing
Guidelines
5
Manual
(USSG)
2D1.1(b)(1)
(2007).
during the course of the conspiracy and notes that the district
court granted his Rule 29 motion as to the firearms offenses
charged in the indictment.
In assessing a sentencing courts application of the
Guidelines, this court reviews its legal conclusions de novo and
its factual findings for clear error.
594
F.3d
277,
(2010).
281
(4th Cir.),
cert.
denied,
131
S.
Ct.
279
sentencing
enhancement
by
preponderance
of
the
evidence.
United States v. Milam, 443 F.3d 382, 386 (4th Cir. 2006).
When
defendant
possesses
dangerous
weapon
in
increase
2D1.1(b)(1).
in
the
The
commentary
should
be
clearly
improbable
offense.
applied
if
defendants
the
that
explains
weapon
the
offense
was
weapon
that
level.
the
present,
was
enhancement
unless
connected
USSG
it
with
is
the
only that the weapon was possessed during the relevant illegal
drug activity.
(4th Cir. 2001).
of
constructive
possession
of
the
v.
Manigan,
592 F.3d
6
621,
629
United
Accordingly,
the
Government
may
rely
on
the
type
of
firearm
occupant
of
the
Eleanor
Drive
residence
where
officers
reasonably
foreseeable
acts
and
omissions
of
others
One
narcotics
Because
of
the
and
in
the
Thompson
evidence
firearm
as
was
residence
to
the
found
where
does
not
in
close
police
had
USSG
contest
conspiracy
in
the
charged
in
proximity
to
observed
drug
court
cross-appeal,
erred
in
the
Government
concluding
that
argues
that
Thompsons
the
prior
court.
We
dispense
with
7
oral
argument
because
the
facts
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED