UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4669
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KENO RAMON SHERMAN, a/k/a Kino Sherman, a/k/a
Kenneth Sherman,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (2:05-cr-00726-PMD)
Submitted: January 25, 2007 Decided: January 29, 2007
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Parks N. Small, Federal Public Defender, Columbia, South Carolina,
for Appellant. Reginald I. Lloyd, United States Attorney, John C.
Duane, Assistant United States Attorney, Charleston, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Keno Ramon Sherman pled guilty pursuant to a plea
agreement to being a felon in possession of a firearm, in violation
of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000). The district court
sentenced Sherman to 110 months' imprisonment, followed by a three-
year term of supervised release. On appeal, Sherman challenges the
district court's four-level enhancement of his sentence for
possession of a firearm in connection with another felony offense,
pursuant to U.S. Sentencing Guidelines Manual, § 2K2.1(b)(5)
(2005). Sherman argues that this district court improperly applied
the “fortress analogy” as defined by United States v. Henry, 878
F.2d 937, 944 (6th Cir. 1989) (“if it reasonably appears that the
firearms found on the premises controlled or owned by a defendant
and in his actual or constructive possession are to be used to
protect the drugs or otherwise facilitate a drug transaction, then
such firearms are used ‘during and in relation to’ a drug
trafficking crime”). We affirm.
We conclude the undisputed evidence supported the
district court's application of USSG § 2K2.1(b)(5). Sherman was
walking down the street, when he saw police officers. Sherman
began to run, and officers saw Sherman discard his firearm. After
pursuit, the officers apprehended Sherman and saw him throw a clear
plastic bag to the ground. The bag contained marijuana, cocaine
and crack cocaine. These facts support the conclusion that Sherman
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possessed both the firearm and the illegal drugs before and after
he attempted to evade apprehension. The evidence supports a
conclusion that possession of the firearm emboldened Sherman in
the possession of the drugs and in protecting his person and
property, including the drugs. We therefore conclude there was
sufficient nexus between the firearm and the drugs to support the
district court's sentencing enhancement under § 2K2.1(b)(5). See
United States v. Nale, 101 F.3d 1000, 1003-04 (4th Cir. 1996)
(interpreting the “in connection with” standard applicable in the
instant case).
We therefore affirm Sherman’s sentence. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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