USA v. Rickie T. Dunning, (8th Cir. 1997)

Docket Number: 97-1802

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United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 97-1802

United States of America, Appellee, v. Rickie T. Dunning, Appellant.

Submitted: July 21, 1997 Filed: July 25, 1997

Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

After Rickie Dunning sold cocaine base to a confidential informant out of a home in which Dunning was residing, authorities executed a search warrant and discovered cocaine base, cash, and a loaded.357 caliber revolver on a bedroom closet shelf. Dunning later pleaded guilty to possessing cocaine base, in violation of 21 U.S.C. 1§ 841(a)(1). The district court calculated a sentencing range of 135 to 168 months

which included a two-level enhancement under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) (1995) (two-level enhancement for possession of dangerous weapon) and sentenced Dunning to 135 months imprisonment and five years supervised release. Dunning§ 2D1.1, comment. (n.3) (1995); United States v. Vaughn, 11 F.3d 610, 616 (8th Cir. 1997) (standard of review). The revolver was found on the same closet shelf as the drugs and the cash Dunning admitted were his; moreover, the closet was located in the home in which Dunning had been living and had stored drugs, and from which he had sold cocaine base. See United States v. Macklin, 104 F.3d 1046, 1048 (8th Cir. 1997). We also conclude Dunning§ 2D1.1(b)(1) enhancement proper even though defendant claimed government did not prove he knew about firearmÂ’s presence).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States

District Court for the

Southern District of Iowa.

[UNPUBLISHED]

[1] The Honorable R. E. Longstaff, United States District Judge for the Southern District of Iowa.