DIGGS, DESMIN K., PEOPLE v

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the “enhancement is improper when the government’s only evidence is a generalized connection between a gun and a user 1 The Honorable Robert F. Rossiter, Chief Judge, United States District Court for the District of Nebraska. -2- quantity of drugs”
• court held it was clear error to find firearm facilitated or had potential to facilitate possession of the drugs where no evidence linked drugs in car with shotgun in trunk
• “clear error to find that the firearm facilitated, or had the potential to facilitate, the possession of a user quantity of drugs” where evidence “show[ed] a temporal and spacial nexus between the drugs and firearm, but no more”

Source: CourtListener parenthetical corpus (CC0).