IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40381
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEITH L. BABINO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-73-3
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October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Keith L. Babino appeals his sentence after pleading guilty
to possession with intent to distribute cocaine base. Babino
argues that the district court clearly erred in increasing his
offense level by two points for possession of a weapon pursuant
to U.S.S.G. § 2D1.1(b)(1). He contends that it was clearly
improbable that the weapons were possessed in connection with
drug trafficking because he contends that they were possessed for
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 99-40381
-2-
hunting only. He contends that the evidence fell short of
establishing that the weapons were connected to drug trafficking.
The district court found that a temporal and spatial
relationship existed between the two loaded rifles and the drug-
trafficking activity, based on the evidence that the weapons were
found loaded near the front door of the mobile home and were
observed by the confidential informant when he went to purchase
crack cocaine. The district court’s finding was not clearly
erroneous. United States v. Eastland, 989 F.2d 760, 770 (5th
Cir. 1993).
AFFIRMED.