United States v. Lonnie Payne

How courts have described this case

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

• holding a due process challenge to the “unless clearly improbable” standard used for weapon enhancement was not properly before the appellate court where the argument was not made in the district court
• concluding the evidence was sufficient to satisfy the preponderance burden of proof where the government agents testified the rifle was found in the apartment used by conspirators to store cocaine and drug proceeds
• noting that the requisite nexus between the weapon and the drug offense exists if “the weapon was found in the same location where drugs or drug paraphernalia were stored, or where part of the conspiracy took place”
• claim as to constitutionality of sentencing enhancement statute not raised below was not properly preserved for appeal
• “The government can prove that the weapon was connected with the offense by showing that a temporal and spatial relation existed between the weapon, the drug trafficking activity, and the defendant.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).