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United States v. Hopkins, 95-1109 (1995)

Court: Court of Appeals for the First Circuit Number: 95-1109 Visitors: 50
Filed: Aug. 01, 1995
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Robert D. Oster and Oster Sawyer on brief for appellant., _______________ ______________, Sheldon Whitehouse, United States Attorney, and Gerald B., ___________________ __________, Sullivan, Assistant United States Attorney, on brief for appellee.Per Curiam. USSG 2K2.1(b)(5).
USCA1 Opinion









August 1, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT





____________________

No. 95-1109

UNITED STATES,

Appellee,

v.

ERIC HOPKINS,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Raymond J. Pettine, Senior U.S. District Judge] __________________________

____________________

Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

____________________

Robert D. Oster and Oster & Sawyer on brief for appellant. _______________ ______________
Sheldon Whitehouse, United States Attorney, and Gerald B. ___________________ __________
Sullivan, Assistant United States Attorney, on brief for appellee. ________


____________________


____________________


















Per Curiam. We have carefully reviewed the record. For __________

the reasons stated by the district court at sentencing and

the government in its appellate brief, the court did not err

in concluding that the pistol was "used or possessed . . . in

connection with another felony offense." USSG 2K2.1(b)(5).

That the gun could reasonably be viewed as having "had some

potential emboldening role in . . . defendant's felonious

conduct" is enough. United States v. Routon, 25 F.3d 815, ______________ ______

819 (9th Cir. 1994).

The judgment is summarily affirmed. Loc. R. 27.1.








































Source:  CourtListener

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