UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 96-4622
ARTHUR PURDIE,
Defendant-Appellant.
Appeal from the United States District Court
for the District of South Carolina, at Charleston.
David C. Norton, District Judge.
(CR-95-845)
Submitted: January 23, 1997
Decided: February 5, 1997
Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Ann Briks Walsh, Assistant Federal Public Defender, Charleston,
South Carolina, for Appellant. J. Rene Josey, United States Attorney,
Ben A. Hagood, Jr., Assistant United States Attorney, Charleston,
South Carolina, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Arthur Purdie pled guilty to possession of cocaine with intent to
distribute,
21 U.S.C. § 841 (1994), possession of crack cocaine with
intent to distribute,
21 U.S.C. § 841, and possession of a firearm after
conviction of a felony,
18 U.S.C. § 922(g)(1) (1994). He appeals his
46-month sentence, arguing that the district court clearly erred
in enhancing his sentence for possession of a firearm during the of-
fense. United States Sentencing Commission, Guidelines Manual,
§ 2D1.1(b)(1) (Nov. 1995). We affirm.
Purdie sold cocaine to an undercover officer on March 22 and
March 30, 1994. On November 19, 1995, a search warrant was exe-
cuted at Purdie's residence. When the agents knocked on the door,
Purdie shouted, "If I can't see you, I'm going to start shooting." The
agents identified themselves and Purdie came to the door unarmed.
However, a loaded firearm was found on the dresser in his bedroom
next to 39.1 grams of cocaine and 2.7 grams of crack packaged in
small plastic bags. Purdie told the federal agent in charge that he
operated a nightclub and carried the gun for protection.
The two-level enhancement is applicable if the government shows
that a firearm was present during the offense, unless the court finds
that it was clearly improbable that the firearm was connected with the
offense. USSG § 2D1.1, comment. (n.3). At sentencing, Purdie ar-
gued that it was clearly improbable that the firearm was connected
with the offense, but the district court found that the loaded weapon's
close proximity to the drugs did not permit that conclusion. The
court's finding was not clearly erroneous.
The sentence is therefore affirmed. We dispense with oral argu-
ment because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the deci-
sional process.
AFFIRMED
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