IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-31402
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CEMUEL HENDERSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 99-CR-39-ALL-K
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September 14, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Cemuel Henderson challenges the sentence he received
following his guilty-plea conviction for being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g). He
argues that the district court erred in imposing a four-level
increase, pursuant to U.S.S.G. § 2K2.1(b)(5), for possessing the
firearm in connection with another felony offense, possession of
drugs, because his possession of the gun was merely incidental to
his possession of the drugs. Henderson does not renew his
argument that the Supreme Court’s decision in Bailey v. United
*
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that this opinion should not be published and is not precedent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. 99-31402
-2-
States, 516 U.S. 127 (1995), should be interpreted to mean that
the “mere proximity” of drugs and weapons is insufficient to
establish a relationship between the two under § 2K2.1(b)(5), and
the argument is therefore waived. See id. at 6-9; see also Yohey
v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993)(arguments not
briefed on appeal are deemed abandoned); Fed. R. App. P.
28(a)(9).
The district court did not err in applying the four-point
enhancement in the instant case because the gun Henderson
possessed was found in close physical proximity to the drugs he
possessed and was readily available to him to protect his drug
possession. The gun was thus possessed “in connection with”
Henderson’s felony drug possession within the meaning of
§ 2K2.1(b)(5). See United States v. Condren, 18 F.3d 1190, 1199-
2000 (5th Cir. 1994). Henderson’s attempts to distinguish
Condren are without merit, and his argument that this court
should reject Condren in favor of the Ninth Circuit’s more
stringent approach is unavailing. See Hogue v. Johnson, 131 F.3d
466, 491 (5th Cir. 1997).
AFFIRMED.