Professional Documents
Culture Documents
United States v. Carlos Ceballos, 43 F.3d 1468, 4th Cir. (1994)
United States v. Carlos Ceballos, 43 F.3d 1468, 4th Cir. (1994)
United States v. Carlos Ceballos, 43 F.3d 1468, 4th Cir. (1994)
3d 1468
Carlos Ceballos appeals the 97-month sentence he received following his guilty
plea to conspiracy to possess with intent to distribute and to distribute crack
cocaine in violation of 21 U.S.C.A. Sec. 846 (West Supp.1994). He contends
that the district court clearly erred in enhancing his base offense level for
possession of a weapon during a drug offense, USSG Sec. 2D1.1(b)(1),* and
also erred in failing to make the findings necessary to support the enhancement.
We affirm.
2
Late the same night, Patterson consented to a search of his house. Authorities
found Carlos Ceballos, his wife, and their two children sleeping in a bedroom of
Patterson's house. Ceballos' wife's purse contained 41.9 grams of crack, and a
.38 caliber revolver was under the cushions on which Ceballos was sleeping.
First, we find that the district court did not clearly err in enhancing the base
offense level for possession of a weapon. The enhancement should be made if a
weapon is present during the offense, unless it is clearly improbable that the
weapon is connected to the offense. USSG Sec. 2D1.1, comment. (n. 2). A
weapon is possessed within the meaning of the guideline when it is present in a
place where a drug conspiracy is carried on or furthered. United States v.
Apple, 962 F.2d 335, 338 (4th Cir.1992) (Apple II ). These conditions were met