Task: Wrong Candidate Generation
Input (English): distribution crimes applies when “a dangerous weapon (including a firearm) was possessed” by the defendant. USSG § 2D1.1(b)(1). The adjustment is appropriate “if the weapon is present, unless it is clearly improbable that the weapon was connected with the offense.” Id., comment. (n.3). Thus, the guideline clearly requires that before the enhancement is imposed, the government must establish that a weapon is at least present. This circuit has consistently held that in order for § 2D1.1(b)(1) to apply, the government must prove by a preponderance of the evidence that a dangerous weapon was present when the crimes ioere committed, and that it was not clearly improbable that the weapon had some nexus with the criminal activity. See United States v. Shields, 44 F.3d 673, 674 (8th Cir.1995) (<HOLDING>). See also United States v. Bost, 968 F.2d 729, 
 Holding statements: (A) holding enhancement not appropriate because firearms were seized from defendants home thirtyseven days after last known drug sale occurred (B) holding that a city which brought an action for forfeiture of firearms recovered from a drug suspects residence was collaterally estopped from introducing evidence of drug possession thus it could not prove the firearms were used in drug transactions and could not forfeit them (C) holding that unloaded firearms qualify for this enhancement (D) recognizing firearms as common tools of the drug trade (E) holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home
Output (English): holding that a city which brought an action for forfeiture of firearms recovered from a drug suspects residence was collaterally estopped from introducing evidence of drug possession thus it could not prove the firearms were used in drug transactions and could not forfeit them