United States v. Paneto, No. 10-2412 (1st Cir. 2011)
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Officers visited defendant's apartment after setting up a drug buy. Defendant invited them in. Officers spotted a "bait" bill, previously marked and given to the buyer as part of the set up, on a table. Defendant signed a waiver and allowed a search. The officers discovered drugs and guns. Convicted of knowingly and intentionally possessing a firearm as a convicted felon, defendant was sentenced to 84 months. The First Circuit affirmed, first upholding denial of a motion to suppress. A $20 bill, previously marked by an officer, was in plain sight when officers entered defendant's apartment and, if lifting the bill to eye level did constitute a search, the officer had probable cause. A four level sentencing enhancement was appropriate under USSG 2K2.1(b)(6). The government showed that defendant had committed a qualifying second felony (possessing and dealing drugs) and that he possessed the seized firearm "in connection with" that second felony, even though the gun was not readily accessible.
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