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U.S. v. BRAGGS

No. 01-2739.

317 F.3d 901 (2003)

UNITED STATES of America, Appellee, v. Fenaris Rashaun BRAGGS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2003.

Rehearing Denied: March 10, 2003.

Attorney(s) appearing for the Case

Edward M. Mansfield, argued, Des Moines, IA, for appellant.

Matthew J. Cole, argued, Asst. U.S. Atty., Cedar Rapids, IA (Patrick J. Reinert, Asst. U.S. Atty., on the brief), for appellee.

Before McMILLIAN, LAY, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Fenaris Rashaun Braggs (Braggs) appeals the district court's1 assessment of a two-level enhancement for possessing a dangerous weapon during the commission of a drug trafficking offense under U.S. Sentencing Guidelines (U.S.S.G.) § 2D1.1(b)(1) (2000). Braggs contends the enhancement was assessed in error because there is no evidence he knew of, or could have reasonably foreseen, the presence of a .45 caliber...

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