Does Section 2D1.1(b)(1) of the Guidelines apply to a drug dealer convicted of possession of a firearm during the course of a drug trafficking operation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Stevens, 985 F.2d 1175 (2nd Cir. 1993):

Section 2D1.1(b)(1) of the Guidelines calls for a two-level enhancement "[i]f a dangerous weapon (including a firearm) was possessed" during the commission of a narcotics offense. This adjustment should normally be applied "unless it is clearly improbable that the weapon was connected with the offense." Id. Application Note 3. The defendant need not have had personal possession, or even actual knowledge of the weapon's presence; the enhancement is required "so long as the possession of the firearm was reasonably foreseeable to the defendant." United States v. Soto, 959 F.2d 1181, 1186 (2d Cir.1992). The sentencing court's finding that a firearm was possessed in connection with a drug offense for purposes of 2D1.1 will not be overturned unless it is clearly erroneous. See, e.g., id. at 1186-87; United States v. Pellegrini, 929 F.2d 55, 56 (2d Cir.1991) (per curiam); United States v. Rodriguez-Gonzalez, 899 F.2d 177, 182-83 (2d Cir.), cert. denied, 498 U.S. 844, 111 S.Ct. 127, 112 L.Ed.2d 95 (1990).

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