United States v. Pineda, No. 13-4555 (4th Cir. 2014)
Annotate this CaseDefendant appealed his conviction and sentence for drug and possession charges. The court concluded that the evidence was sufficient to convict defendant of possessing a firearm in furtherance of a drug-trafficking crime; the district court did not clearly err in treating defendant's alleged participation in the transaction at issue as "relevant conduct" under U.S.S.G. 1B1.3(a); the district court did not err in applying a two-level enhancement under U.S.S.G. 2K2.1(b)(1)(A) for committing an offense that involved three or more firearms where enhancing a defendant's offense level based on the number of weapons involved in the offense underlying his 18 U.S.C. 924(c) conviction does not constitute impermissible double counting under the Guidelines; and the district court did not err in applying a four-level enhancement under U.S.S.G. 2K2.1(b)(5) on the ground that defendant "engaged in the trafficking of firearms." Accordingly, the court affirmed the judgment.
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