USA v. Herbert Dwight Washington, No. 09-11021 (11th Cir. 2010)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 09-11021 MARCH 17, 2010 ________________________ JOHN LEY CLERK D. C. Docket No. 08-00159-CR-ORL-19-KRS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HERBERT DWIGHT WASHINGTON, a.k.a. Herbert D. Washington, a.k.a. Herbert Washington, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (March 17, 2010) Before EDMONDSON and MARCUS, Circuit Judges, and BARBOUR,* District Judge. * Honorable William Henry Barbour, Jr., United States District Judge for the Southern District of Mississippi, sitting by designation. PER CURIAM: Briefly stated, these circumstances are presented. Police observed Defendant engage in suspicious activity and pulled him over for a traffic violation. Upon reaching the car, the officer detected an odor of marijuana and effected a search of the vehicle and the Defendant. The search revealed narcotics in the car and a firearm on the Defendant, who was a convicted felon at the time. After a failed motion to suppress the weapon and a brief bench trial, Defendant was convicted of being a felon in possession of a firearm pursuant to 18 U.S.C. section 922(g). The district court concluded that the weapon was possessed in connection with possession of narcotics and enhanced Defendant s sentence by four levels. See U.S.S.G. ยง 2K2.1(b)(6) (enhancing sentences for possession of a firearm in connection with another felony). The district court declined to reduce Defendant s Guidelines score for acceptance of responsibility, and sentenced him to 120 months incarceration. The appeal presents these issues: Did the district court err in accepting the police officer s testimony that he smelled marijuana in the car? 2 Did the district court err in enhancing Defendant s sentence for possession of a firearm in connection with narcotics? Did the district court err by not reducing Defendant s Guidelines score for acceptance of responsibility? None of these issues raises a foundation for reversible error. For the acceptance of responsibility reduction, we -- given the case and arguments before us -- are bound by United States v. Gonzalez, 70 F.3d 1236 (11th Cir. 1995). AFFIRMED. 3
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