United States of America v. Kelly Cecil Campbell

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KELLY CECIL CAMPBELL,
Defendant - Appellant.
No. 12-30328
D.C. No. 9:12-cr-00018-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted August 14, 2013**
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Kelly Cecil Campbell appeals from the district court’s judgment and
challenges the 70-month sentence imposed following his guilty-plea conviction for
being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
AUG 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30328 2
Campbell contends that the district court erred by applying a four-level
enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing the firearms in
connection with another felony offense. We review a district court’s application of
the Sentencing Guidelines to the facts for abuse of discretion and its factual
findings for clear error. See United States v. Gonzales, 506 F.3d 940, 943 (9th Cir.
2007) (en banc). The district court did not abuse its discretion by applying the
section 2K2.1(b)(6)(B) enhancement because the record reveals no clear error in
the court’s finding that Campbell’s possession of the firearms potentially
emboldened him to purchase illegal drugs. See United States v. Polanco, 93 F.3d
555, 567 (9th Cir. 1996). Campbell’s assertion that he took no concrete steps in
furtherance of his drug-purchasing scheme does not alter this conclusion. See
United States v. Noster, 590 F.3d 624, 635 (9th Cir. 2009) (“[T]he plan to commit
the felony need not be fully developed.” (citation omitted)).
AFFIRMED.

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