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United States v. Murry, 4th Cir. (2004)
United States v. Murry, 4th Cir. (2004)
United States v. Murry, 4th Cir. (2004)
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4035
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.
Robert C. Chambers,
District Judge. (CR-03-128)
Submitted:
Decided:
October 4, 2004
PER CURIAM:
Michael Bernard Murry pled guilty to possession of a
firearm
by
convicted
felon,
in
violation
of
18
U.S.C.
We affirm.
Officers found a
in
connection
with
another
felony
offense.
The
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tendency
to
facilitate
another
offense.
Id.
at
411
(citing
Smith
v.
United
States,
(modification in original).
508
U.S.
223,
238
(1993))
for
protection
or
to
embolden
the
actor.
United
States v. Lipford, 203 F.3d 259, 266 (4th Cir. 2000) (citation
omitted).
Here, Murry was traveling in a car with a distributable
quantity of cocaine base on his person and a firearm he admitted
was his within his reach under his seat.
case, we find that the district court did not clearly err in
determining that the enhancement applied.
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