United States v. Rogers ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31136
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK CLEON ROGERS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CR-386-1
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October 26, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Mark Cleon Rogers appeals from a guilty-plea conviction and
sentence for possession with intent to distribute cocaine. 12
U.S.C. § 841 (a)(1). Rogers argues the district court erred by
increasing his offense level by two for possession of a firearm.
United States Sentencing Guideline (U.S.S.G.) § 2D1.1(b)(1).
We review the district court’s decision to enhance a
sentence under § 2D1.1(b)(1) only for clear error. United States
v. Garza, 118 F.3d 278, 285 (5th Cir. 1997). The enhancement
*
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that this opinion should not be published and is not precedent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. 00-31136
-2-
applies if the weapon was present, unless it is clearly
improbable that the weapon was connected with the offense.
§ 2D1.1, comment. (n.3)(emphasis added). The Government
satisfies its burden of proving a connection between the weapon
and the offense by showing that the weapon was retrieved from the
same location as the drugs or drug paraphernalia or where part of
the transaction occurred. United States v. Flucas, 99 F.3d 177,
179 (5th Cir. 1996).
Rogers argues that because he did not place the firearm in
his garage and because it was not registered in his name, the
district court erred in enhancing his sentence. However,
immediately after police officers discovered over fifty grams of
cocaine in his residence, Rogers led the officers into his garage
and turned over the firearm in plain view of a smaller amount of
cocaine. The government established a nexus between the firearm,
the cocaine possession, and Rogers. See United States v.
Mergerson, 4 F. 3d 337, 350 (5th Cir. 1993).
AFFIRMED.