[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
FILED
No. 08-14373 U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
Non-Argument Calendar APRIL 14, 2009
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 06-00169-CR-N
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES DANIEL CRAIG,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Alabama
_________________________
(April 14, 2009)
Before BARKETT, MARCUS and ANDERSON, Circuit Judges.
PER CURIAM:
Charles Daniel Craig appeals his 180-month sentence for conspiracy to
possess with intent to distribute five kilograms or more of cocaine hydrochloride
in violation of 21 U.S.C. §§ 841(a)(1) and 846 and five counts of using a
communication facility in committing, causing, or facilitating a drug conspiracy in
violation of 21 U.S.C. § 843(b). On appeal, Craig argues that the district court
clearly erred in applying a two-level specific offense characteristic under U.S.S.G.
§ 2D1.1(b)(1) for possessing a firearm. He maintains that weapons recovered
from his residence “were older, garden variety firearms” and that it was clearly
improbable that the weapons were connected to the offense.
We review “the district court’s application of the Sentencing Guidelines de
novo” and its findings of fact for clear error. United States v. Hall, 46 F.3d 62, 63
(11th Cir. 1995). The offense level for a drug offense is increased by two levels if
“a dangerous weapon (including a firearm) was possessed.” U.S.S.G.
§ 2D1.1(b)(1). “The adjustment [for possessing a weapon] should be applied if the
weapon was present, unless it is clearly improbable that the weapon was
connected with the offense.” U.S.S.G. § 2D1.1, comment. (n.3). “Once the
prosecution has shown by a preponderance of the evidence that the firearm was
present at the site of the charged conduct, the evidentiary burden shifts to the
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defendant to show that a connection between the firearm and the offense is clearly
improbable.” Hall, 46 F.3d at 63.
Upon review of the record and consideration of the parties’ briefs, we
discern no error. The evidence at trial established that the firearms were present at
Craig’s residence, where he received large quantities of cocaine on numerous
occasions. Because Craig failed to show that a connection between the weapons
and the offense was clearly improbable, the district court did not clearly err in
applying the two-level specific offense characteristic under U.S.S.G.
§ 2D1.1(b)(1). Accordingly, we affirm.
AFFIRMED.
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