U.S. Court of Appeals for the Fifth Circuit, 2002

United States v. Byrd

United States v. Byrd
U.S. Court of Appeals for the Fifth Circuit · Decided February 22, 2002

United States v. Byrd

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10720 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DARRELL BYRD, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:00-CR-177-1 -------------------- February 20, 2002 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:* Darrell Byrd appeals his sentence for distribution of crack cocaine. Byrd contends that the district court erred by adjusting his offense level for possession of a dangerous weapon pursuant to U.S.S.G. § 2D1.1(b)(1). The temporal and spatial relationship between the weapon, the drug-trafficking activity, and Byrd was sufficient to justify the weapons-possession adjustment in his case. See United States v. Eastland, 989 F.2d 760, 770 (5th Cir. 1993).

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 01-10720 -2- AFFIRMED.

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