Scott Baker pleaded guilty to one count of conspiracy to distribute cocaine and one count of possession with intent to distribute five kilograms or more of cocaine. 21 U.S.C. § 841(a)(1); 21 U.S.C. § 846. The District Court 1 sentenced him to ten years’ imprisonment. On appeal, Baker claims that it was error for the District Court to impose a two-level enhancement under U.S.S.G. § 2D1.1. We affirm.
I.
The facts are undisputed. In mid-1993, Baker, Alfonso Ochoa, Michael Broom, and Ivan Mejia-Uribe conspired to transport multi-kilogram quantities of cocaine from Houston, Texas, for distribution in St. Louis, Missouri. On April 15, 1994, just outside Houston, state troopers stopped Baker in his pick-up truck with his young son. The troopers also stopped a Mustang, which was owned by Baker and was travelling behind his truck.
*441 During a search of Baker’s truck, the troopers recovered a loaded Beretta .380 caliber semi-automatic pistol. They also recovered approximately $2,000.00 from Baker’s front pocket. A search of the Mustang revealed 8,533 grams of cocaine. The troopers seized the cocaine and the weapon, and arrested Baker.
Baker was later indicted. He entered into a plea agreement with the government, and on August 30,1994, pleaded guilty to conspiracy to distribute and possession with intent to distribute cocaine. Baker’s base offense level was 36. He received a two-level enhancement pursuant to § 2Dl.l(b), raising his offense level to 38, with a guideline range of 235 to 293 months. The District Court then departed downward to the statutory minimum sentence of 10 years, 21 U.S.C. § 841(b)(l)(A)(ii), pursuant to the government’s § 5K1.1 motion based on Baker’s substantial assistance. On appeal, Baker claims that the § 2D1.1 enhancement was error because the evidence was insufficient to connect the weapon to the conspiracy.
II.
Baker’s sentence is not reviewable. The District Court departed from the applicable Guideline sentencing range, and we lack the authority to review the extent of that departure.
United States v. Dutcher,
We also note that Baker received the lowest possible sentence—the statutory minimum sentence of ten years. In order for a district court to depart from a statutory minimum sentence, the government must file a motion under 18 U.S.C. § 3553(e),
United States v. Stockdall,
Moreover, Baker’s argument fails on the merits. A § 2D1.1 enhancement is appropriate if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense.
United States v. Williams,
On the basis of the undisputed evidence in this case, the District Court held that it was not clearly improbable that the weapon found in Baker’s truck was connected to the transportation of cocaine. We agree. Baker admitted that he was involved in an ongoing conspiracy to transport cocaine from Houston to St. Louis for distribution. He also admitted that on April 15, 1994, in furtherance of that conspiracy, he was leading a two-vehicle convoy to transport cocaine from Houston to St. Louis. Eight kilograms of cocaine were found in the second vehicle, a large sum of cash was found in Baker’s pocket, and the weapon was found in Baker’s truck. In addition, the weapon was readily accessible and loaded. This evidence convinces us that the gun was connected to the overall conspiracy. See
United States v. Richmond,
For the foregoing reasons, Baker’s sentence is affirmed.
Notes
. The Hon. Jean C. Hamilton, Chief Judge, United States District Court for the Eastern District of Missouri.
