United States v. Larry Gene Luckey, 69 F.3d 542 (8th Cir. 1995). · Go Syfert
United States v. Larry Gene Luckey, 69 F.3d 542 (8th Cir. 1995). Cases Citing This Book View Copy Cite
26 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Calvin Lucien Delpit, Also Known as Monster, United States of America v. Dennell Malone, United States of America v. Jermaine Dana Saunders, United States of America v. Zackarrie Emil Prado, United States of America v. Lavern Thomas, United States of America v. Jai Anthony Jones, United States of America v. Chanise Janelle Lynn (ca8, 1996-08-28)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see" United States v. Calvin Lucien Delpit, Also Known as Monster, United States of America v. Dennell Malone, United States of America v. Jermaine Dana Saunders, United States of America v. Zackarrie Emil Prado, United States of America v. Lavern Thomas, United States of America v. Jai Anthony Jones, United States of America v. Chanise Janelle Lynn
8th Cir. · 1996 · signal: see · confidence high
See United States v. DAM, 69 F.3d 542 (8th Cir.1995) 2 Malone, Saunders, and Delpit were charged in Count 3 with use of firearms in connection with a crime of violence, 18 U.S.C. § 924 (c)(1); Delpit was charged in Count 4 with being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1); Saunders was charged in Count 5 with possession with intent to distribute cocaine, 21 U.S.C. § 841 (a)(1), in Count 6 with use of firearms in connection with drug trafficking, 18 U.S.C. § 924 (c)(1), and in Count 15 with obtaining cellular telephone services by fraud, 18 U.S.C. § 1029 (a)(1); Malone …
cited Cited "see" United States v. Calvin Delpit
8th Cir. · 1996 · signal: see · confidence high
See United States v. DAM, 69 F.3d 542 (8th Cir.1995). 2 .
discussed Cited "see" United States v. Watkins
E.D. Ark. · 1996 · signal: see · confidence high
See United States v. Carper, 69 F.3d 542 (8th Cir.1995) (No. 95-1762) (unpublished); United States v. Acklen, 907 F.Supp. 219 (W.D.La.1995); United States v. Blankenship, 906 F.Supp. 461 (C.D.Ill.1995); cf. United States v. Seyfert, supra, 67 F.3d at 548-49 .
Retrieving the full opinion text from the archive…
United States
v.
Larry Gene Luckey
95-2038.
Court of Appeals for the Eighth Circuit.
Nov 8, 1995.
69 F.3d 542
Unpublished

69 F.3d 542

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.
UNITED STATES of America, Appellee,
v.
Larry Gene LUCKEY, Appellant.

No. 95-2038.

United States Court of Appeals, Eighth Circuit.

Submitted Nov. 7, 1995.
Filed Nov. 8, 1995.

Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

1

Larry Gene Luckey appeals the 94-month sentence imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. Secs. 922(g)(1) and 924(a)(2). For reversal, Luckey argues that the district court[1] erred by assessing a four-level enhancement because he used or possessed a firearm "in connection with another felony offense." U.S.S.G. Sec. 2K2.1(b)(5).

2

In January 1994, Luckey pleaded guilty in state court to possession of a controlled substance and to maintaining drug premises. The next month, police executed a search warrant at Luckey's residence and discovered small quantities of cocaine and marijuana and three loaded firearms, one of which was beside the sofa in the same room as the drugs. At sentencing, despite Luckey's insistence that all his weapons were kept only to protect himself and his family, the district court found that at least one firearm was used or possessed in connection with his drug offenses and imposed the Sec. 2K2.1(b)(5) enhancement.

3

On appeal, Luckey asserts that the district court interpreted "in connection with" in Sec. 2K2.1(b)(5) too loosely. This contention is foreclosed by our recent decision in United States v. Johnson, 60 F.3d 422 (8th Cir.1995), where we affirmed the imposition of a Sec. 2K2.1(b)(5) enhancement on similar facts and expressly noted that a "weapon's physical proximity to narcotics may be sufficient to provide the nexus required between the weapon and the drug charges." 60 F.3d at 423, quoting United States v. Gomez-Arrellano, 5 F.3d 464, 466-67 (10th Cir.1993). The district court's decision to impose a Sec. 2K2.1(b)(5) enhancement was not clearly erroneous.

4

The judgment is affirmed.

1

The HONORABLE WILLIAM R. WILSON, JR., United States District Judge for the Eastern District of Arkansas