UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4940
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY SHON SINGLETARY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:13-cr-00074-TDS-1)
Submitted: July 28, 2014 Decided: August 1, 2014
Before KING, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, Federal Public Defender, John A. Dusenbury, Jr.,
Assistant Federal Public Defender, Greensboro, North Carolina,
for Appellant. Ripley Rand, United States Attorney, JoAnna G.
McFadden, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Shon Singletary pleaded guilty to possession
of a firearm by a convicted felon, in violation of 18 U.S.C.
§§ 922(g)(1), 924(a)(2) (2012), and was sentenced to fifty-seven
months’ imprisonment. Singletary 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
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 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)
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(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, Singletary argues that his simultaneous
possession of the firearm and the drugs found in his residence
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 Singletary’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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