Professional Documents
Culture Documents
No. 13-4670
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:12-cr-00275-D-1)
Submitted:
Before NIEMEYER
Circuit Judge.
and
KING,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Derrick
sentence.
an
Donnell
Mabry
appeals
from
his
258-month
enhancement
under
U.S.
Sentencing
Guidelines
Manual
We affirm.
court
erred
in
applying
the
under
USSG
In assessing a
2D1.1(b)(1)
of
the
Guidelines
directs
[i]f
possessed.
dangerous
weapon
(including
firearm)
was
United
States
v.
Manigan,
592
F.3d
621,
628-29
850,
852
(4th
Cir.
1997)
quotation
marks
sufficient,
and
the
Government
is
entitled
to
rely
on
at
to
629.
The
defendant
bears
the
burden
show
that
under
USSG
2D1.1(b)(1)
to
show
that
it
was
of
the
case,
it
was
fair
to
say
that
it
was
F.3d 1156, 1159-60 (4th Cir. 1994) (internal quotation marks and
alteration omitted) (upholding application of enhancement under
USSG
2D1.1(b)
based
on
co-conspirators
3
possession
of
the
firearm).
Moreover,
dangerous
weapon
is
co-conspirators
foreseeable
when
possession
their
of
collaborative
admitted
conspiracy,
his
close
relationship
Given
with
his
and
the
large
scope
of
their
drug
activity,
it
was
Kimberlin, 18 F.3d at
fact,
Mabry
does
not
dispute
either
that
his
in
any
drug
transaction
or
that
the
firearms
were
Nonetheless, Mabry
[t]here
is
nothing
in
the
record
to
suggest
that
the
See Gomez-Jiminez,
storage
unit,
visited
almost
daily
by
Mabry
and
his
the
courts
factual
finding
that
the
As such, we
weapons
were
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and