United States v. Montenegro, No. 19-13542 (11th Cir. 2021)
Annotate this CaseThe Eleventh Circuit affirmed defendant's 62-month sentence for conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine, and possession with intent to distribute 500 grams or more of cocaine. The court upheld the district court's application of a firearms enhancement under USSG 2D1.1(b)(1). In this case, the government has met its burden by producing evidence that the rifle was present at the site of the drug possession charge. Furthermore, defendant failed to meet his burden to negate the nexus presented by the government. Therefore, the court concluded that the district court's factual findings related to the firearms enhancement were not clearly erroneous, and the district court did not err in applying the enhancement.
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