United States v. Vaughn

Case: 21-50220 Document: 00516254823 Page: 1 Date Filed: 03/25/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
March 25, 2022
No. 21-50220 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Dustin Colby Vaughn,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:20-CR-250-1
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
Dustin Colby Vaughn pleaded guilty to possession of a firearm by a
convicted felon, in violation of 18 U.S.C. § 922(g)(1) and 18 U.S.C.
§ 924(a)(2), and was sentenced to 71 months of imprisonment and three
years of supervised release. He appeals, challenging the district court’s
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-50220 Document: 00516254823 Page: 2 Date Filed: 03/25/2022
No. 21-50220
application of an enhancement for possession of a firearm in connection with
another felony offense, pursuant to U.S.S.G. § 2K2.1(b)(6)(B).
When a claim has been preserved, as in this case, we review the district
court’s application of the Guidelines de novo and its fact findings for clear
error. United States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013); see also
United States v. Bass, 996 F.3d 729, 742 (5th Cir. 2021). If a factual finding
“is plausible in light of the record as a whole,” then it is not clearly erroneous.
United States v. Jeffries, 587 F.3d 690, 692 (5th Cir. 2009) (internal quotation
marks and citation omitted).
Section 2K2.1(b)(6)(B) provides for a four-level enhancement when a
defendant “used or possessed any firearm or ammunition in connection with
another felony offense.” When the other felony is a drug trafficking offense,
the adjustment automatically applies if a “firearm is found in close proximity
to drugs, drug-manufacturing materials, or drug paraphernalia.” § 2K2.1,
comment. (n.14(B)(ii)); Jeffries, 587 F.3d at 692. The Government alleged
that Vaughn possessed a firearm in connection with the possession of
methamphetamine with intent to distribute, which is a drug trafficking
offense. See Alcantar, 733 F.3d at 147; see also 21 U.S.C. § 841(a)(1).
In this case, a police officer testified that he used a Facebook profile
for a fictitious woman named “Stacy” to communicate with Vaughn. As
“Stacy,” the officer requested a “ball” of methamphetamine, which Vaughn
agreed to deliver. The officer testified that a “ball” is typically about three
to four grams. When Vaughn arrived at the arranged meeting place in
possession of a firearm and 4.7 grams of methamphetamine, the officer
arrested him.
Vaughn argues that the methamphetamine he possessed was for
personal use. However, in light of the officer’s testimony, the district court’s
findings—that Vaughn was planning to give at least some of the
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No. 21-50220
methamphetamine to another person and was thus engaged in possession of
methamphetamine with intent to distribute—were plausible in light of the
record as a whole. See Jeffries, 587 F.3d at 692-93; see also § 841(a)(1). The
firearm was found in close proximity to the methamphetamine. See § 2K2.1,
comment. (n.14(B)(ii)). Therefore, the four-level § 2K2.1(b)(6)(B)
enhancement applied. See Jeffries, 587 F.3d at 692.
Given the foregoing, the judgment of the district court is
AFFIRMED.
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