Filed: May 10, 2000
Latest Update: Feb. 21, 2020
Summary: Defendant, Appellant.Selya and Stahl, Circuit Judges., Margaret E. Curran, United States Attorney, Donald C., Lockhart and Gerard B. Sullivan, Assistant United States, Attorneys, on brief for appellee.collection efforts would not be thwarted.a firearm in connection with another felony offense.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 99-2022
UNITED STATES,
Appellee,
v.
LEWIS E. MARLEY,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ernest C. Torres, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Stahl, Circuit Judges.
James T. McCormick on brief for appellant.
Margaret E. Curran, United States Attorney, Donald C.
Lockhart and Gerard B. Sullivan, Assistant United States
Attorneys, on brief for appellee.
May 10, 2000
Per Curiam. After a thorough review of the record
and of the parties’ submissions, we affirm the judgment
below. By appellant’s own admissions, he used a firearm “in
connection with” his efforts to collect a debt owed to crack
dealers he had allowed to use his apartment. These
admissions provided ample evidence to establish by a
preponderance of the evidence that a drug distribution
conspiracy existed, that Marley had aided and abetted that
conspiracy by attempting to collect money owed for drugs,
and that he sought by use of the shotgun to ensure his
collection efforts would not be thwarted. See United States
v. Montilla-Rivera,
115 F.3d 1060, 1064 (1st Cir. 1997)
(defendant “aids and abets” a crime if it is shown that a
crime has been committed, that the defendant associated
himself with and participated in the crime as something he
wished to bring about, and sought by his action to make it
succeed). Thus, we see no error in the sentencing court’s
application of U.S.S.G. § 2K2.1(d)(5) for appellant’s use of
a firearm “in connection with another felony offense.”
Affirmed. 1st Cir. Loc. R. 27(c).