U.S. v. Ford

Dist. Ct. did not err in sentencing defendant to 168-month term of incarceration on charges of possession and distribution of methamphetamine, where sentence was based in part on enhancements for possessing dangerous weapon under section 2D1.1(b)(1) of USSG and maintaining drug premises under section 2D1.1(b)(12) of USSG. While defendant argued that record did not support Dist. Ct.’s finding that he constructively possessed said gun to support possession of dangerous weapon enhancement, record contained sufficient evidence to support said enhancement, where: (1) drugs and cash were found in safe in defendant’s bedroom; (2) defendant’s personal items, including his identification cards and mail, were close to bedroom closet where gun was located; and (3) gun was in close proximity to defendant’s drugs and cash. Moreover, while defendant argued that record did not support finding that he maintained drug premises because he did not have possessory interest in either third-party’s home or bedroom and did not pay rent to third-party, record was sufficient to support said enhancement, since: (1) defendant had been staying with third-party for four months; (2) defendant was main user of said bedroom; (3) defendant stored his drugs and cash in safe in said bedroom; (4) defendant conceded that he sold drugs out of third-party’s home; and (5) third-party let others into home who asked for defendant.