U.S. v. Slone

In prosecution on charge of unlawful possession of firearms, Dist. Ct. did not err in sentencing defendant to 41-month term of incarceration based, in part, on imposition of enhancement under section 2K2.1(b)(6)(B) of USSG, where Dist. Ct. found found that defendant possessed said firearms in connection with felony offense of methamphetamine trafficking. While defendant argued that enhancement was improper, because he was acquitted of drug distribution charge, sentencing court may consider acquitted conduct if its findings are supported by preponderance of evidence. Moreover, there was sufficient evidence to support Dist. Ct.'s finding under said standard, where: (1) firearms and methamphetamine were found in basement of defendant's former residence, under circumstance where owner of house testified that basement was defendant's domain; (2) defendant admitted to dealing in methamphetamine; and (3) most of defendant's belongings were still present in basement at time police discovered firearms and methamphetamine. Also, defendant failed to establish any prejudice arising out of imposition of instant enhancement, where Dist. Ct. indicated that it would have imposed same sentence regardless of applicable guideline range.