United States v. Childress ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10296
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HENRY EARL CHILDRESS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-CR-234-11-H
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Henry Earl Childress appeals his sentence after pleading
guilty to one count of conspiracy to possess marijuana with
intent to distribute in violation of 21 U.S.C. § 846. He argues
that the district court erred in imposing a two-level increase
under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm.
Specifically, he maintains that the Government did not meet its
burden of proving that the weapon found in his home was involved
in the offense. He also contends that the district court made
insufficient findings in overruling his objections.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-10296
-2-
After reviewing the record and the briefs of the parties, we
hold that the district court did not err in imposing a two-level
increase under § 2D1.1(b)(1) for possession of a firearm. The
district court’s decision to impose a two-level increase under
§ 2D1.1(b)(1) was not clearly erroneous. See United States v.
Menesses, 962 F.2d 420, 428-29 (5th Cir. 1992). Furthermore, the
findings at the sentencing hearing and subsequent adoption of the
presentence report were sufficient to support the district
court’s decision to overrule Childress’ objection. See United
States v. Mora, 994 F.2d 1129, 1141 (5th Cir. 1993).
AFFIRMED.