United States v. Byrd

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10720
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRELL BYRD,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-177-1
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February 20, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Darrell Byrd appeals his sentence for distribution of crack
cocaine. Byrd contends that the district court erred by
adjusting his offense level for possession of a dangerous weapon
pursuant to U.S.S.G. § 2D1.1(b)(1). The temporal and spatial
relationship between the weapon, the drug-trafficking activity,
and Byrd was sufficient to justify the weapons-possession
adjustment in his case. See United States v. Eastland, 989 F.2d
760, 770 (5th Cir. 1993).

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No. 01-10720
-2-
AFFIRMED.

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