United States v. Cooke ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21298
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDWIN MICHAEL COOKE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-448-1
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December 12, 2002
Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Edwin Michael Cooke appeals his sentence following his
guilty plea to being a felon in possession of a firearm in
violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
Cooke argues that the district court erred in increasing his
offense level pursuant to U.S.S.G. § 2K2.1(b)(5), which provides
for a four-level sentencing increase “[i]f the defendant used or
possessed any firearm or ammunition in connection with another
*
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that this opinion should not be published and is not precedent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. 01-21298
-2-
felony offense.” Cooke admits that the crack pipe, containing
drug residue, found in his possession was an instrumentality of
his personal drug use. Other than his assertion that he did not
remember that the firearm was in the vehicle, Cooke has not
produced anything to show that the firearm could not have been
used to facilitate his drug-related activities. United States v.
Armstead, 114 F.3d 504, 511-12 (5th Cir. 1997); United States v.
Condren, 18 F.3d 1190, 1199-1200 (5th Cir. 1994). The district
court did not err in applying the enhancement to Cooke’s offense
because the firearm was possessed in connection with Cooke’s drug
possession within the meaning of U.S.S.G. § 2K2.1(b)(5). See
United States v. Edwards, 65 F.3d 430, 432 (5th Cir. 1995).
AFFIRMED.