UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4603
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH LEE SERGENT,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
Chief District Judge. (3:13-cr-00041-1)
Submitted: March 28, 2014 Decided: April 9, 2014
Before SHEDD and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,
Appellate Counsel, George H. Lancaster, Jr., Assistant Federal
Public Defender, Charleston, West Virginia, for Appellant. R.
Booth Goodwin II, United States Attorney, Joseph F. Adams,
Assistant United States Attorney, Huntington, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Lee Sergent pleaded guilty pursuant to a
written plea agreement to possession of a firearm by a convicted
felon, in violation of 18 U.S.C. § 922(g)(1) (2012), and
distribution of oxycodone, in violation of 21 U.S.C. § 841(a)(1)
(2012), and was sentenced to concurrent terms of forty-two
months’ imprisonment. Sergent appeals his sentence, arguing
that the district court erred in applying a four-level
enhancement for possession of a firearm in connection with
another felony offense under U.S. Sentencing Guidelines Manual
(“USSG”) § 2K2.1(b)(6)(B) (2012). We affirm.
In reviewing the district court’s application of a
sentencing Guideline, we review its legal conclusions de novo
and its factual findings for clear error. United States v.
Strieper, 666 F.3d 288, 292 (4th Cir. 2012). An enhancement
under USSG § 2K2.1(b)(6)(B) is appropriate when a firearm or
ammunition possessed by a defendant “facilitated, or had the
potential of facilitating, another felony offense.” USSG
§ 2K2.1 cmt. n.14(A). The requirement that the firearm be
possessed “in connection with” another felony “is satisfied if
the firearm had some purpose or effect with respect to the other
offense,” such as to protect or embolden the actor. United
States v. McKenzie-Gude, 671 F.3d 452, 464 (4th Cir. 2011)
(internal quotation marks omitted). However, “the requirement
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is not satisfied if the firearm was present due to mere accident
or coincidence.” United States v. Jenkins, 566 F.3d 160, 163
(4th Cir. 2009) (internal quotation marks omitted). The
Guidelines commentary specifically provides that a defendant
possesses a firearm in connection with another felony “in the
case of a drug trafficking offense in which a firearm is found
in close proximity to drugs, . . . because the presence of the
firearm has the potential of facilitating [the drug-trafficking]
felony offense.” USSG § 2K2.1 cmt. n.14(B).
On appeal, Sergent argues that his simultaneous
possession of the firearm and oxycodone was merely coincidental.
Because the record was adequate to support a contrary finding,
however, we conclude the district court did not err in imposing
the enhancement.
Accordingly, we affirm Sergent’s sentence. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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