United States v. Roger Koch

1The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-3329
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
Percy LeNeal Harrell, *
* [UNPUBLISHED]
Appellant. *
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Submitted: June 7, 2007
Filed: June 11, 2007
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Before RILEY, MAGILL, and MELLOY, Circuit Judges.
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PER CURIAM.
Percy Harrell pleaded guilty to possession with intent to distribute 500 grams
or more of a mixture or substance containing cocaine base in violation of 21 U.S.C.
§ 841 (a)(1), (b)(1)(A). At sentencing, over Harrell’s objection, the district court1
applied a two-level enhancement for possession of a dangerous weapon under
U.S.S.G. § 2D1.1(b)(1), and sentenced Harrell to 168 months in prison and 5 years of
supervised release. He appeals, contesting the two-level enhancement. Reviewing the

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district court’s finding for clear error, see United States v. Braggs, 317 F.3d 901, 904
(8th Cir. 2003), we affirm.
The district court concluded that, because two handguns and $7,700 in admitted
drug proceeds were found in Harrell’s house, it was not clearly improbable that there
was a nexus between the guns and drug activities; the court also noted the presence
of a small amount of crack cocaine in the house plus drug-packaging paraphernalia
in the detached garage. The court did not clearly err in imposing the enhancement.
See Brown v. United States, 169 F.3d 531, 533 (8th Cir. 1999) (“close proximity of
firearms and ‘drug money’ can give rise to an inference that the firearms are present
to protect the money and drugs, which is a nexus sufficient to support an enhancement
under 2D1.1(b)(1)”); U.S.S.G. § 2D1.1(b)(1), comment. (n.3) (clearly improbable
standard).
Accordingly, we affirm.
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