Is a dangerous weapon enhancement appropriate in sentencing for drug possession charges?

MultiRegion, United States of America

The following excerpt is from U.S. v. Goni, 120 F.3d 269 (9th Cir. 1997):

A two-level enhancement is proper in sentencing for drug offenses "[i]f a dangerous weapon (including a firearm) was possessed." U.S.S.G. 2D1.1(b)(1). The enhancement "should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense." U.S.S.G. 2Dl.1(b)(1), comment. (n.3). "[T]he court need not find a connection between the firearm and the offense." Restrepo, 884 F.2d at 1296. A weapon found in a defendant's residence, even after the commission of the offense, is considered to be "possessed" for the purposes of the enhancement. See United States v. Pitts, 6 F.3d 1366, 1372-73 (9th Cir.1993). Further, it is not necessary for the weapons and drugs to be found in proximity to each other. See United States v. Willard, 919 F.2d 606, 609-10 (9th Cir.1990) (finding that guns found at defendant's place of business were possessed and that it was not clearly improbable that they were connected to drug offense at another location)

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