United States v. Billy J. Kielian ( 1998 )


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  •                           United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    _____________
    No. 97-2887NE
    _____________
    United States of America,                *
    *
    Appellee,            * Appeal from the United States
    * District Court for the District
    v.                                * of Nebraska.
    *
    Billy J. Kielian,                        *      [UNPUBLISHED]
    *
    Appellant..          *
    _____________
    Submitted: February 6, 1998
    Filed: March 3, 1998
    _____________
    Before FAGG, BEAM, and HANSEN, Circuit Judges.
    ____________
    PER CURIAM.
    Billy J. Kielian challenges the sentence imposed on him by the district court after
    he pleaded guilty to being a felon in possession of a firearm.
    For reversal, Kielian contends the district court improperly applied a four-level
    enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(5) (1997).
    Although Kielian does not dispute that his possession of the controlled substance he
    was carrying at the time of his arrest was “another felony offense” under the guideline,
    he contends the enhancement was not warranted by mere simultaneous possession of
    a firearm and a small quantity of drugs for personal use. Kielian’s argument is
    foreclosed by this court’s recent holding in United States v. Regans, 
    125 F.3d 685
    ,
    685-86 (8th Cir. 1997). Applying our holding in Regans to the evidence in this case,
    we do not believe “it is clearly improbable that [Kielian’s handgun] was connected with
    [his drug possession] offense,” see 
    id. at 687,
    and the district court’s finding to this
    effect is not clearly erroneous.
    We thus uphold the challenged enhancement and affirm Kielian’s sentence. See
    8th Cir. R. 47B.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 97-2887

Filed Date: 3/3/1998

Precedential Status: Non-Precedential

Modified Date: 4/17/2021