163390P.pdf   07/31/2017  United States  v.  Thomas Ashburn
   U.S. Court of Appeals Case No:  16-3390
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Riley, Author, with Beam and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. While the district court erred in stating that 
   the burden was on defendant to demonstrate that it was "clearly 
   improbable" that three knifes found in his residence were used in 
   connection with his drug offense in order for him to avoid the application 
   of an enhancement under Guidelines Sec. 2GD1.1(b)(1)for possession of 
   dangerous weapon, the error was harmless because the evidence clearly 
   established the knifes were either in the same room with the drugs or on 
   top of dresser in which the drugs were found and were, therefore, readily 
   accessible to aid in the drug dealing which took place in the room.