222276P.pdf   05/08/2023  United States  v.  Michael Voelz
   U.S. Court of Appeals Case No:  22-2276
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Sentencing. The district court did not err in imposing a 
   two-level enhancement under Guidelines Sec. 2D1.1(b)(1) for possession of 
   dangerous weapons in connection with a drug offense, as it was not clearly 
   improbable that the weapons were connected to defendant's drug dealing; 
   the district court did not err in denying safety-valve relief as defendant 
   was ineligible for such relief based on the imposition of the Sec. 
   2D1.1(b)(1) enhancement; placing the burden of proof of the safety-valve 
   requirements on defendant does not violate his Fifth and Sixth Amendment 
   rights; defendant's argument that the sentencing enhancement and the 
   safety-valve relief are unconstitutional in light of New York State Rifle 
   & Pistol Association, Inc. v. Bruen, 142 S.Ct 2111 (2022) is rejected. 
   Judge Kelly, concurring.