U.S. v. STEWART

No. 90-30016.

926 F.2d 899 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Donald STEWART, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1991.


Attorney(s) appearing for the Case

Richard L. Fredericks, Oakridge, Or., for defendant-appellant.

Deborah J. Dealy-Browning, Asst. U.S. Atty., Eugene, Or., for plaintiff-appellee.

Before HUG and NELSON, Circuit Judges, and WALKER, District Judge.


D.W. NELSON, Circuit Judge.

Appellant Jerry Donald Stewart appeals his sentence pursuant to the United States Sentencing Guidelines, claiming that the district court should not have enhanced his sentence by two levels for possession of a weapon during a drug offense. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 17, 1989, a three-count superseding indictment was filed charging Stewart with conspiracy to manufacture, possess, and distribute...

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