United States Court of Appeals

for the Fifth Circuit

No. 21-50220

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Dustin Colby Vaughn, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:20-CR-250-1

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:*

Dustin Colby Vaughn pleaded guilty to possession of a firearm by a 

convicted felon, in violation of 18 U.S.C. § 922(g)(1) and 18 U.S.C. 

§ 924(a)(2), and was sentenced to 71 months of imprisonment and three 

years of supervised release. He appeals, challenging the district court’s 

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 25, 2022

Lyle W. Cayce

Clerk

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application of an enhancement for possession of a firearm in connection with 

another felony offense, pursuant to U.S.S.G. § 2K2.1(b)(6)(B).

When a claim has been preserved, as in this case, we review the district 

court’s application of the Guidelines de novo and its fact findings for clear 

error. United States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013); see also 

United States v. Bass, 996 F.3d 729, 742 (5th Cir. 2021). If a factual finding

“is plausible in light of the record as a whole,” then it is not clearly erroneous. 

United States v. Jeffries, 587 F.3d 690, 692 (5th Cir. 2009) (internal quotation 

marks and citation omitted).

Section 2K2.1(b)(6)(B) provides for a four-level enhancement when a 

defendant “used or possessed any firearm or ammunition in connection with 

another felony offense.” When the other felony is a drug trafficking offense, 

the adjustment automatically applies if a “firearm is found in close proximity 

to drugs, drug-manufacturing materials, or drug paraphernalia.” § 2K2.1, 

comment. (n.14(B)(ii)); Jeffries, 587 F.3d at 692. The Government alleged 

that Vaughn possessed a firearm in connection with the possession of 

methamphetamine with intent to distribute, which is a drug trafficking 

offense. See Alcantar, 733 F.3d at 147; see also 21 U.S.C. § 841(a)(1).

In this case, a police officer testified that he used a Facebook profile 

for a fictitious woman named “Stacy” to communicate with Vaughn. As 

“Stacy,” the officer requested a “ball” of methamphetamine, which Vaughn 

agreed to deliver. The officer testified that a “ball” is typically about three 

to four grams. When Vaughn arrived at the arranged meeting place in 

possession of a firearm and 4.7 grams of methamphetamine, the officer 

arrested him.

Vaughn argues that the methamphetamine he possessed was for 

personal use. However, in light of the officer’stestimony, the district court’s 

findings—that Vaughn was planning to give at least some of the 

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methamphetamine to another person and was thus engaged in possession of 

methamphetamine with intent to distribute—were plausible in light of the 

record as a whole. See Jeffries, 587 F.3d at 692-93; see also § 841(a)(1). The 

firearm was found in close proximity to the methamphetamine. See § 2K2.1, 

comment. (n.14(B)(ii)). Therefore, the four-level § 2K2.1(b)(6)(B)

enhancement applied. See Jeffries, 587 F.3d at 692.

Given the foregoing, the judgment of the district court is 

AFFIRMED.

Case: 21-50220 Document: 00516254823 Page: 3 Date Filed: 03/25/2022