IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 15, 2008
No. 07-50663
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CECIL EARL REED
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:06-CR-300-ALL
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Cecil Earl Reed appeals his sentence following his guilty plea to being a
felon in possession of a firearm. Reed was sentenced to 51 months of
imprisonment and three years of supervised release. Reed argues that the
district court erred in imposing an enhancement pursuant to U.S.S.G.
§ 2K2.1(b)(6), which provides for a four-level increase if firearms are possessed
in connection with another felony offense, in this case, drug possession. Reed
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50663
asserts that there was an insufficient nexus between the firearm and the drug
offense.
Under the law of this circuit set forth in United States v. Armstead, 114
F.3d 504, 511 (5th Cir. 1997), and United States v. Condren, 18 F.3d 1190, 1194
(5th Cir. 1994), the § 2K2.1(b)(6) enhancement was appropriate. Reed’s firearm
was located in close proximity to both Reed himself and the drugs. Additionally,
because the firearm was underneath Reed’s seat, it was “readily available to
[Reed] to protect his drug-related activities” and had the potential of facilitating
his drug-related activities. Condren, 18 F.3d at 1200; § 2K2.1, comment.
(n.14(A)). Therefore, the imposition of the enhancement was not erroneous. See
Armstead, 114 F.3d at 511-12; Condren, 18 F.3d at 1199-1200.
Accordingly, the district court’s judgment is AFFIRMED.
2