United States v. Jerry Donald Stewart

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 methamphetamine; manufacture of methamphetamine; and unlawful possession of a machine gun. After several months of plea negotiations, he pleaded guilty to conspiracy limited to the month of February 1988. This count charged him with conspiracy to manufacture, to possess with intent to distribute, and to distribute methamphetamine. The overt act of distribution in furtherance of the conspiracy took place at 8240 McKenzie Highway in Springfield, Oregon, the home of a codefendant. As part of the plea agreement, Stewart admitted possessing a machine gun during the time of the February 1988 conspiracy at Stewart’s home at 88843 Ross Lane in Springfield, but not at 8240 McKenzie Highway. These two sites are approximately 15 miles apart.

Section 2D 1.1(b)(1) of the…