United States v. Somuang Vongvone , 341 F. App'x 272 ( 2009 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 08-1377
    ___________
    United States of America,               *
    *
    Appellee,                  * Appeal from the United States
    * District Court for the
    v.                                * Western District of Arkansas.
    *
    Somuang Jay Vongvone,                   * [UNPUBLISHED]
    *
    Appellant.                 *
    ___________
    Submitted: June 29, 2009
    Filed: July 30, 2009
    ___________
    Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Somuang Jay Vongvone appeals the sentence the district court1 imposed after
    he pleaded guilty to distributing more than 5 grams of actual methamphetamine on or
    about October 31, 2006, in violation of 
    21 U.S.C. § 841
    (a)(1), (b)(1)(B)(viii). For
    reversal, he challenges the court’s application of a two-level sentencing enhancement
    under U.S.S.G. § 2D1.1(b)(1) (firearm possession). Reviewing the district court’s
    application of the Guidelines de novo, and its underlying factual findings for clear
    error, see United States v. Rodriguez, 
    484 F.3d 1006
    , 1014 (8th Cir. 2007), we affirm.
    1
    The Honorable Robert T. Dawson, United States District Judge for the Western
    District of Arkansas.
    Following careful review of the record before us, we agree with the district
    court that Vongvone’s possession of a rifle and drug paraphernalia in March 2007
    constituted relevant conduct to the October 2006 offense of conviction; and it is not
    clearly improbable that the rifle was connected with Vongvone’s drug trafficking,
    because the rifle was discovered with methamphetamine and drug paraphernalia in the
    residence from which Vongvone had sold the methamphetamine underlying the
    offense of conviction. See U.S.S.G. § 2D1.1, cmt. n.3 (increase base offense level by
    2 levels if dangerous weapon was possessed unless it is clearly improbable that
    weapon was connected with offense); United States v. Savage, 
    414 F.3d 964
    , 966-67
    (8th Cir. 2005) (firearm need not be present during offense of conviction as long as
    it is present during relevant conduct, as defined by U.S.S.G. § 1B1.3(a)(2); court
    properly enhanced defendant’s sentence for possession of firearm based on relevant
    conduct from summer of 2002 during which defendant possessed firearm, even though
    offense of conviction did not begin until January 2003); United States v. Betz, 
    82 F.3d 205
    , 210-11 (8th Cir. 1996) (upholding § 2D1.1(b)(1) enhancement because guns
    were found on premises from which defendant had conducted drug-related activities
    and guns were readily accessible to defendant).
    Accordingly, we affirm the judgment of the district court.
    ______________________________
    -2-
    

Document Info

Docket Number: 08-1377

Citation Numbers: 341 F. App'x 272

Filed Date: 7/30/2009

Precedential Status: Non-Precedential

Modified Date: 1/12/2023