United States v. Frederick O. Bogar

Eighth Circuit

United States v. Frederick O. Bogar

58 F. App'x 236

CourtCourt of Appeals for the Eighth Circuit

DecidedJanuary 10, 2003

Docket02-3039

StatusUnpublished

This text of 58 F. App'x 236 (United States v. Frederick O. Bogar) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Frederick O. Bogar, 58 F. App'x 236 (8th Cir. 2003).

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Opinion

PER CURIAM.

Frederick O. Bogar appeals from the final judgment entered in the District Court 1 for the Western District of Arkansas after he pleaded guilty to distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced appellant to 144 months imprisonment, 3 years supervised release and a $3,500 fine. For reversal appellant argues the district court erred in applying an increase under U.S.S.G. § 2Dl.l(b)(l) for possession of a firearm in connection with the offense. For the reasons discussed below, we affirm the judgment of the district court.

We find no clear error in the district court’s application of the increase. See United States v. Frazier, 280 F.3d 835, 853 (8th Cir.) (standard of review), cert. denied, 536 U.S. 931, 122 S.Ct. 2606, 153 L.Ed.2d 793 (2002). The evidence introduced at sentencing showed that there had been drug activity at Bogar’s residence, and officers searching the residence found a .357 Magnum pistol stuffed into a couch, near Bogar and a quantity of crack cocaine. See U.S.S.G. § 2D1.1, comment. (n.3) (firearm adjustment should be applied if weapon was present, unless it is clearly improbable that weapon was connected with offense); United States v. Macklin, 104 F.3d 1046, 1048 (8th Cir.) (holding no clear error in applying in *237 crease, given proximity of firearms to drugs, ease with which defendants could access firearms, ongoing drug trafficking at residence, and likely need for defendants to protect drugs and cash found at residence), cert. denied, 522 U.S. 891, 118 S.Ct. 229, 139 L.Ed.2d 161 (1997). Even if Bogar did not actually possess the gun — as he contends — he was present when his son tried to hide it in the couch, and both the gun and the drugs were found in his residence. See United States v. Payne, 81 F.3d 759, 762 (8th Cir.1996).

Accordingly, we affirm.

A true copy.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Westem District of Arkansas.

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PER CURIAM.

Frederick O. Bogar appeals from the final judgment entered in the District Court 1 for the Western District of Arkansas after he pleaded guilty to distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced appellant to 144 months imprisonment, 3 years supervised release and a $3,500 fine. For reversal appellant argues the district court erred in applying an increase under U.S.S.G. § 2Dl.l(b)(l) for possession of a firearm in connection with the offense. For the reasons discussed below, we affirm the judgment of the district court.

We find no clear error in the district court’s application of the increase. See United States v. Frazier, 280 F.3d 835, 853 (8th Cir.) (standard of review), cert. denied, 536 U.S. 931, 122 S.Ct. 2606, 153 L.Ed.2d 793 (2002). The evidence introduced at sentencing showed that there had been drug activity at Bogar’s residence, and officers searching the residence found a .357 Magnum pistol stuffed into a couch, near Bogar and a quantity of crack cocaine. See U.S.S.G. § 2D1.1, comment. (n.3) (firearm adjustment should be applied if weapon was present, unless it is clearly improbable that weapon was connected with offense); United States v. Macklin, 104 F.3d 1046, 1048 (8th Cir.) (holding no clear error in applying in *237 crease, given proximity of firearms to drugs, ease with which defendants could access firearms, ongoing drug trafficking at residence, and likely need for defendants to protect drugs and cash found at residence), cert. denied, 522 U.S. 891, 118 S.Ct. 229, 139 L.Ed.2d 161 (1997). Even if Bogar did not actually possess the gun — as he contends — he was present when his son tried to hide it in the couch, and both the gun and the drugs were found in his residence. See United States v. Payne, 81 F.3d 759, 762 (8th Cir.1996).

Accordingly, we affirm.

A true copy.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Westem District of Arkansas.

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