US v. Kenneth Sergent

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cr-00041-1. Copies to all parties and the district court/agency. [999332770]. [13-4603]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4603

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH LEE SERGENT,
Defendant - Appellant.

Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.
Robert C. Chambers,
Chief District Judge. (3:13-cr-00041-1)

Submitted:

March 28, 2014

Decided:

April 9, 2014

Before SHEDD and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,
Appellate Counsel, George H. Lancaster, Jr., Assistant Federal
Public Defender, Charleston, West Virginia, for Appellant.
R.
Booth Goodwin II, United States Attorney, Joseph F. Adams,
Assistant United States Attorney, Huntington, West Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenneth

Lee

Sergent

pleaded

guilty

pursuant

to

a

written plea agreement to possession of a firearm by a convicted
felon,

in

violation

of

18

U.S.C.

§ 922(g)(1)

(2012),

and

distribution of oxycodone, in violation of 21 U.S.C. § 841(a)(1)
(2012),

and

months’

imprisonment.

that

the

was

sentenced

district

enhancement

for

to

concurrent

Sergent
court

appeals

erred

possession

of

in

a

terms

his

forty-two

sentence,

applying

firearm

of

in

a

arguing

four-level

connection

with

another felony offense under U.S. Sentencing Guidelines Manual
(“USSG”) § 2K2.1(b)(6)(B) (2012).
In

reviewing

the

We affirm.

district

court’s

application

of

a

sentencing Guideline, we review its legal conclusions de novo
and its factual findings for clear error.
Strieper, 666 F.3d 288, 292 (4th Cir. 2012).

United States v.
An enhancement

under USSG § 2K2.1(b)(6)(B) is appropriate when a firearm or
ammunition possessed by a defendant “facilitated, or had the
potential
§ 2K2.1

of

cmt.

facilitating,
n.14(A).

The

another

felony

requirement

that

offense.”
the

USSG

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.
States

v.

McKenzie-Gude,

671

F.3d

(internal quotation marks omitted).
2

452,

464

(4th

Cir.

United
2011)

However, “the requirement

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is not satisfied if the firearm was present due to mere accident
or coincidence.”

United States v. Jenkins, 566 F.3d 160, 163

(4th

(internal

Cir.

2009)

Guidelines

commentary

quotation

specifically

marks

provides

omitted).
that

a

The

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.”
On

USSG § 2K2.1 cmt. n.14(B).

appeal,

Sergent

argues

that

his

simultaneous

possession of the firearm and oxycodone 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,
dispense

with

contentions

are

oral

we

affirm

argument

adequately

Sergent’s

because

presented

in

the
the

sentence.
facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

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