United States v. Spire Warren Routon

Opinion by Judge O’SCANNLAIN.

Is a gun used “in connection with” interstate transportation or unlawful possession of a stolen ear, thereby justifying enhanced sentencing, if it is found in the glove compartment when the thief is eventually apprehended?

I

In January 1992, Routon stole a Cadillac from Renick Cadillac, a car dealership in Fullerton, California. Routon remained at large with this vehicle until April 1992, when an informant named Richard Adams contacted federal authorities in Las Vegas, Nevada and told them that Routon had started living with him earlier in the month. According to Adams, Routon had admitted to stealing the car and had stated that he eventually was going to “get rid of it” in Texas. After receiving Adams’ tip, federal and local authorities arrested Routon while he was driving the Cadillac in Las Vegas.

During a search the police discovered a .22 caliber revolver in the compartment between the driver’s and front passenger’s seats. The location of the gun placed it within Rou-ton’s easy reach while driving. Adams later identified the gun as one that Routon always took with him whenever he drove the Cadillac. Routon had purchased the gun in California…