In what circumstances will a federal court increase the sentence of a convicted drug dealer for possession of a firearm under section 2K2.1(b)(5) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from U.S. v. Routon, 25 F.3d 815 (9th Cir. 1994):

In United States v. Sanders, 990 F.2d 582 (10th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 216, 126 L.Ed.2d 172 (1993), the defendant was arrested for reckless driving. When police searched the defendant and his car, they found drugs and a large amount of money in his pockets, a soft gun case containing drugs on the back seat, and two loaded guns and drug paraphernalia in the trunk. The defendant pled guilty to drug possession with intent to distribute and to being a felon in possession of a firearm. The district court enhanced his sentence under section 2K2.1(b)(5), and he appealed. The court of appeals affirmed his sentence, holding that the "intermingl[ing]" of the drugs and guns was sufficient to demonstrate that the guns were possessed in connection with the defendant's drug trafficking. Id. at 585.

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