Beruflich Dokumente
Kultur Dokumente
No. 15-4435
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:14-cr-00449-WO-1)
Submitted:
Decided:
February 1, 2016
John D. Bryson, WYATT, EARLY, HARRIS & WHEELER, LLP, High Point,
North Carolina, for Appellant. Ripley Rand, United States
Attorney, Randall S. Galyon, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
PER CURIAM:
Michael
Brian
Poteat
appeals
from
his
92-month
sentence
range
under
U.S.
Sentencing
Guidelines
Manual
We
affirm.
To apply the 2K2.1(b)(6) enhancement, the Government must
prove, by a preponderance of the evidence, that the defendant
possessed or used a gun and that the possession or use was in
connection
with
another
felony
offense.
United
States
v.
The in connection
potential
of
2K2.1(b)(6)
where
the
facilitating,
cmt.
n.14(A).
presence
coincidental.
of
another
It
does
firearm
felony
not
is
offense.
include
simply
USSG
situations
accidental
or
Lipford,
we
explained
that
drug
sale
can
be
drug
purchaser
can
often
sweeten
the
pot,
in
the
drug
transaction
is
not
spontaneous'
or
his
case
purchased
marijuana
from
him
on
two
to
Poteat,
the
informant
requested
the
earlier
Instead,
firearm
in
the
evidence
Poteat
sold
undercover informant.
showed
that,
marijuana
and
during
a
firearm
single
to
an
loaded firearm were in the car at the same time on the way to
the transaction.
the charged firearm to the drug felony and that the district
court did not err in applying the enhancement.
See 18 U.S.C.
argument
because
the
facts
and
legal
We dispense with
contentions
are
adequately
presented
in
the
materials
before
this
court
and
AFFIRMED