Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 14-4202
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:13-cr-00013-FL-1)
Submitted:
Decided:
November 7, 2014
PER CURIAM:
Joshua Davis pled guilty to possession of a firearm by
a convicted felon, in violation of 18 U.S.C. 922(g)(1), 924
(2012),
and
was
imprisonment.
sentenced
Davis
to
appeals
his
term
of
sentence,
sixty
months
challenging
the
pursuant
2K2.1(b)(6)
firearm
offense.
had
to
U.S.
(2013),
the
Sentencing
based
on
potential
of
the
Guidelines
courts
facilitating
finding
Manual
that
another
the
felony
We affirm.
Davis,
convicted
felon,
was
arrested
following
Davis
was
traveling
with
handgun
and
ammunition.
and
loaded
handgun
and
ninety-eight
grams
of
another
felony
offense,
counterfeit drugs.
namely,
distribution
of
entire
we
evidence[,
are]
left
with
the
definite
by
apply
firm
Id. (internal
preponderance
and
sentencing
of
the
evidence
enhancement.
that
the
United
court
States
v.
Guidelines
provide
for
four-level
enhancement
firearm
offense.
or
ammunition
Section
in
connection
2K2.1(b)(6)
is
with
intended
another
to
felony
punish
more
rendered
more
dangerous
by
the
presence
of
firearm.
United States v. Jenkins, 566 F.3d 160, 164 (4th Cir. 2009)
(internal
quotation
marks
omitted).
Davis
argues
that
the
applies
when
firearm
3
possessed
by
defendant
facilitated,
or
felony offense.
had
the
potential
of
facilitating,
another
court found that the firearm had the potential to facilitate the
felony
offense
of
distribution
of
counterfeit
drugs.
Many
possession
(legitimate
or
illegal),
whether
the
gun
is
under
which
the
gun
is
found.
Id.
(internal
United States v.
Madigan, 592 F.3d 621, 629 (4th Cir. 2010); United States v.
Ward, 171 F.3d 188, 194 (4th Cir. 1999).
to
infer
that
the
handgun
was
present
to
protect
See
(holding
another
offense
that
for
firearm
purposes
is
possessed
of
in
connection
2K2.1(b)(6)
when
with
it
was
of
the
conclude
that,
under
the
totality