United States v. Frederick William Heldberg

Frederick Heldberg appeals from the district court's imposition of a 16-month prison sentence. He seeks reversal on the ground that it was improper for the district court to add two points to his offense level for the possession of a firearm during the importation of controlled substances.

We must determine whether it is clearly improbable that an unloaded firearm, locked in a briefcase in the trunk of a car, was connected to the importation of controlled substances found in the defendant’s pockets at the time of his arrest in the vehicle at a border port of entry. We affirm because we conclude that connection of the firearm to the importation of controlled substances was not, under these circumstances, clearly improbable.

I.

The presentence report discloses the following facts: On May 8, 1989, Heldberg entered the United States from Mexico at the port of entry at San Ysidro, California. He was driving a Pontiac Fiero. He was accompanied by a woman. Heldberg and his passenger declared to a custom’s agent that they were not importing any items from Mexico. They were referred to a secondary inspection area.

After conducting a pat-down search, Customs Inspector Shatto ordered…