United States v. Johnson ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40972
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONNIE LAVETT JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:97-CR-8-1
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Donnie Lavett Johnson appeals his sentence, contending that
the district court erred by increasing his offense level pursuant
to U.S.S.G. § 2D1.1(b)(1) for possession of a dangerous weapon in
connection with a drug-trafficking offense. Johnson contends
that the Government did not establish a sufficient nexus between
the weapon and the drugs to warrant the increase.
Because Johnson failed to raise this issue in the district
court, we review for plain error only. See United States v.
McDowell, 109 F.3d 214, 216 (5th Cir. 1997). The Government
*
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that this opinion should not be published and is not precedent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. 97-40972
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established a sufficient temporal and spatial relationship among
the weapon, the drug-trafficking activity, and Johnson. The
weapon was found in the same general location where the drugs
were found. See United States v. Eastland, 989 F.2d 760, 770
(5th Cir. 1993); see United States v. Caicedo, 103 F.3d 410, 412
(5th Cir. 1997). The district court did not err, plainly or
otherwise. Johnson’s sentence is AFFIRMED.
AFFIRMED.