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___________________
No. 91-1910
UNITED STATES,
Appellee,
v.
MICHAEL J. FIELDS,
Defendant, Appellant.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Shane Devine, U.S. District Judge]
___________________
___________________
Before
Torruella, Circuit Judge,
_____________
Campbell, Senior Circuit Judge,
____________________
and Selya, Circuit Judge.
_____________
___________________
__________________
__________________
Per Curiam.
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in
the
driver's
passenger
Dunbar, a
during a
by undercover police
Wight, was
confederate
van
drug
agents.
also arrested, as
of Wight
and Fields
was
who had
driven to the scene in his own car and negotiated the sale of
ten
pounds of marijuana
recovered almost
later
found
ten pounds of
a loaded
to the
The police
undercover agents.
marijuana from the
pistol and
Police
van, and
"flash suppressor"
in an
underneath some
the floor
of Dunbar's car.
The government
possess marijuana
charged
Fields with
with intent to
(1) conspiracy
to
jury
acquitted
convicted
him
Fields
of the
levels to
conspiracy
charges.
2D1.1(b)(1).
but
maximum allowed
added two
of a dangerous
of a drug offense.
months, the
charge,
Notwithstanding the
sixteen
the
other
of
U.S.S.G.
to a prison term of
under the
Guidelines.
Had the court not made the two-level enhancement, the maximum
penalty would have been twelve months.
2
He
enhanced his
sentence on
the basis
of conduct
of
Fields acknowledges
that
his argument
United States v.
_____________
is
directly contrary
to our
court when
those facts
1991).
v. Brady,
_____
are
supported by
invites us to overrule
1989)
be considered by
in United States
_____________
holding in
850-52 (9th
court of appeals
recent opinion
Cir.
to
support the
that the
sentencing
sentence enhancement.
determination of
need
only
be
"We
factbound matters
supported
by
only for
____________________
United
______
United
______
Cir. 1991).
U.S.S.G.
the enhancement
clearly improbable
offense."
"present"
evidence
The commentary to
that the
Fields does
in this
not
case, and
from which to
found in the
weapon was
dispute
connected with
the
that
was
the district
infer a
unless it is
a weapon
court
had ample
connection between
he gave the
the gun
Dunbar's
gun to Fields
in
was to take
Fields to
consider using
the gun
to support
sale only
Fields carried
to the drug
protection in the
been no drug
been no gun.
the gun
F.2d 1004,
event of
there
location in the
of no
The
very most
the
courts
require
is sufficient
proximity to allow
decides to use
F.2d 480 (7th
truck in
the defendant to
it.
which defendant
v. Armond, 920
______
was passenger);
United States
_____________
he
of
v.
vehicle which
(pistol
______
_____
found in fastened
defendant
was
glove compartment
arrested
of defendant's car
"some distance"
from
and
car); United
______
1990) (gun
Fields
challenges
As
the
gun in
the
the
van was
enough
issue is moot.
to prompt
In any event,
a codefendant's
weapon is foreseeable
that
their
exchange
of
cash."
Id.
___
moreover,
possession
collaborative
criminal
controlled
substances for
it should
the
we
United States
_____________
Cir. 1991).
to a defendant with
Once Dunbar
the
inferable
of
sufficiency
gave
have become
It is "fairly
of
a dangerous
reason to believe
venture
a
Fields
includes
large
a
an
amount of
gun to
carry,
manifestly foreseeable
to
government's
motion
for
5
summary
disposition
is
granted.
Affirmed.
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