SIMMONS

v.

UNITED STATES

Citator

Cited By

• United States v. Matos-Rodriguez, 188 F.3d 1300 (11th Cir. 1999)
  …ed. The enhancement under U.S.S.G. § 2K2.1(b)(5) was improper. Id. (citation omitted). The panel deciding Fadipe distinguished its holding from an earlier Fifth Circuit decision in United States v. Condren, 18 F. 3d 1190 (5th Cir..), cert. denied, 513 U.S. 856, 115 S.Ct. 161, 130 L.Ed.2d 99 (1994), which had affirmed enhancement of a drug felony sentence under the same Guidelines section for a revolver found in the drawer of a desk in the defendant’s bedroom. (The significance of that fact lay under anoth…

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• United States v. Young, 115 F.3d 834 (11th Cir. 1997)
  …and rounds of .22 caliber ammunition, which had been transported in interstate commerce in violation of Title 18, United States Code, Sections 922(g), and 924(e).” . See United States v. Condren, 18 F. 3d 1190, 1197 n. 19 (5th Cir.), cert. denied, 513 U.S. 856, 115 S.Ct. 161, 130 L.Ed.2d 99 (1994) ("[T]he enhancement is required not only for use, but also simply for possession, of a firearm in connection with another felony.”). . See United States v. Routon, 25 F. 3d 815, 819 (9th Cir.1994) ("[The Govern…
• United States v. Gainey, 111 F.3d 834 (11th Cir. 1997)
  …mez-Arrellano, 5 F. 3d 464, 466-67 (10th Cir.1993). Other circuits have held that mere possession of a firearm in connection with another felony qualifies the defendant. United States v. Condren, 18 F. 3d 1190, 1197 n. 19 (5th Cir.), cert. denied, 513 U.S. 856, 115 S.Ct. 161, 130 L.Ed.2d 99 (1994). In Whitfield, this Court held that under either interpretation, the defendant would not prevail. Similarly, we find that whatever the appropriate legal benchmark, the district court did not commit clear error…