US v. Anthony S. Singletary, No. 13-4940 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4940 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY SHON SINGLETARY, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:13-cr-00074-TDS-1) Submitted: July 28, 2014 Decided: August 1, 2014 Before KING, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen, Federal Public Defender, John A. Dusenbury, Jr., Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Ripley Rand, United States Attorney, JoAnna G. McFadden, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Shon Singletary pleaded guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2012), and was sentenced to fifty-seven months imprisonment. that the district enhancement for Singletary appeals his sentence, arguing court erred of possession in firearm a applying in a four-level connection with another felony offense under U.S. Sentencing Guidelines Manual ( USSG ) § 2K2.1(b)(6)(B) (2012). In reviewing the We affirm. district court s application of a Sentencing Guideline, we review its legal conclusions de novo and its factual findings for clear error. United States v. Strieper, 666 F.3d 288, 292 (4th Cir. 2012). under USSG § 2K2.1(b)(6)(B) is appropriate An enhancement when a firearm possessed by a defendant facilitated, or had the potential of facilitating, n.14(A). another The felony requirement offense. that the USSG firearm be § 2K2.1 cmt. possessed in connection with another felony is satisfied if the firearm had some purpose or effect with respect to the other offense, such as to protect or embolden the actor. United States v. McKenzie- Gude, 2011) 671 F.3d marks omitted). 452, 464 (4th Cir. (internal quotation However, the requirement is not satisfied if the firearm was present due to mere accident or coincidence. United States v. Jenkins, 566 F.3d 160, 163 (4th Cir. 2009) 2 (internal quotation marks omitted). The Guidelines commentary specifically provides that a defendant possesses a firearm in connection with trafficking another offense in felony which a in the firearm case is of found a in drug close proximity to drugs, . . . because the presence of the firearm has the potential of facilitating [the drug-trafficking] felony offense. USSG § 2K2.1 cmt. n.14(B). On appeal, Singletary argues that his simultaneous possession of the firearm and the drugs found in his residence was merely coincidental. Because the record was adequate to support a contrary finding, however, we conclude the district court did not err in imposing the enhancement. Accordingly, dispense with contentions are oral we affirm argument adequately Singletary s because presented in the the sentence. facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 3
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