United States v. Ronald Wayne Thomas ( 1996 )

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No. 96-1034
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Ronald Wayne Thomas, *
* [UNPUBLISHED]
Appellant. *
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Submitted: August 1, 1996
Filed: August 27, 1996
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Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.
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PER CURIAM.
After a jury found Ronald Wayne Thomas guilty of one count of
possession with intent to distribute cocaine base in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(C), the district court sentenced him to 151 months
imprisonment and three years supervised release. On appeal, Thomas argues
that the district court improperly assessed a two level increase for
possession of a revolver, pursuant to U.S.S.G. § 2D1.1(b)(1).
We agree with the district court's assessment of the § 2D1.1(b)(1)
increase. The revolver in question--a .357 magnum--was found underneath
the mattress in the bedroom of Thomas's apartment at the time of his
arrest. Police also found a container of crack cocaine in the adjacent
bathroom. The proximity of
Thomas, the drugs, and the revolver established a sufficient nexus between
the revolver and Thomas's criminal activity. See U.S.S.G. § 2D1.1(b)(1),
comment. (n.3) (increase applies if weapon is present, unless clearly
improbable that weapon was connected with offense); United States v. Betz,
82 F.3d 205, 210-11 (8th Cir. 1996) (government showed sufficient nexus
between weapon and criminal activity where drugs and guns were accessible
and on premises from which defendant conducted drug-related activities).
Contrary to Thomas's suggestion, the increase was proper even though the
revolver was unloaded. See United States v. Overstreet, 5 F.3d 295, 297
(8th Cir. 1993) (per curiam) (rejecting challenge to increase on ground
that weapon was not dangerous as it was not loaded); United States v.
Rowley, 975 F.2d 1357, 1363-64 (8th Cir. 1992) (affirming increase where
unloaded weapons found where defendant also kept drugs).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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