Kenneth Linson appeals his sentence after his plea of guilty to being a felon in possession of a firearm. At sentencing, Linson objected to a four-level enhancement of the offense level for possession of a firearm in connection with another felony, namely possession of a controlled substance.
U.S.S.G. § 2K2.1(b)(5) states, “if the defendant used or possessed any weapon ... in connection with another felony offense ... increase by 4 levels.” At the sentencing hearing, the United States took no position on the issue of the enhancement as recommended by the United States Probation Office, however, Linson objected arguing that the shotgun is typically a sport weapon and that the room in which the gun was found contained a personal use amount of marijuana. The district court 2 expressed reservations about following the enhancement and sentenced Linson to the minimum term in the given guideline range. We, however, determine there was more than ample support for the enhancement.
The sentencing guidelines and the consistent case law interpreting the guidelines hold that possession of a firearm contemporaneous with the commission of another felony offense requires a four-level enhancement unless it is “clearly improbable” that the firearm was used “in connection with” the contemporaneous felony. U.S.S.G. § 2D1.1 (n. 3);
United States v. Rohwedder,
Countless items typically involved in drug distribution were at Linson’s residence and in the room with the loaded sawed-off shotgun next to the couch. Although Linson admitted to the gun possession and that there was two ounces of marijuana in the house, the search subsequent to his arrest produced countless items associated with the drug trade including; 257 grams of marijuana, a green water bong, a glass pipe with residue, a small “one-hit” pipe, rolling papers, a burnt marijuana cigarette, five sets of hemostats, electronic scales, triple beam scales, a user quantity of methamphetamine, a razor blade with white powder on it, straws, plastic baggies, a bag of white pills, flasks, rubber stoppers, test tubes, metal tongs, a black and white surveillance monitor, six boxes of shotgun shells, and *1019 loose shotgun shells near the loaded gun. Lastly, Linson’s prior conviction for felony possession and distribution of a controlled substance only further supports the likelihood that he was engaged in a larger criminal scheme rather than a limited personal use/abuse problem.
The likelihood of violence greatly increases when a firearm is present in connection with illegal drug possession.
Re-gans,
Firearms are the tools of the drug trade providing protection and intimidation.
Rohwedder,
Notes
. The Honorable Howard F. Sachs, United States District Judge for the Western Division of Missouri.