071336P.pdf   03/28/2008  United States  v.  Timothy Peroceski
   U.S. Court of Appeals Case No:  07-1336
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Arnold, Author, with Bye and Melloy, Circuit Judges]
   Criminal case - Sentencing. In order to apply a two-level enhancement
   under Guidelines Sec. 2D1.1(b)(1) for possessing a dangerous weapon in
   connection with a drug crime, the government must prove that the
   weapon was present and that it was not clearly improbable that the gun
   was connected to the offense; while the court's prior opinions sometimes
   suggest that the government must show that it was probable that the
   weapon was connected, this language is not consistent with the
   commentary to the guideline, the principles and goals of the enhancement
   or other circuits' precedents; here, there was sufficient to evidence to
   support application of the enhancement.