Drug user in possession of a firearm

Firearm found in proximity to drug trafficking offense 

Defendant pleaded guilty to drug user in possession of a firearm.  Defendant’s presentence report included a 4 level enhancement for possessing a firearm in connection with distribution of marijuana.  Over objection, the District Court sentenced defendant to 46 months in prison.

Where police found evidence of defendant’s drug trafficking offense in the same location of his firearm, the government was not required to prove that the firearm facilitated the trafficking offense.  Affirmed.

United States v. Lyes, 18-1488, appealed from the Northern District of Iowa, per curiam.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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