# United States Court **of Appeals**  **f or 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 co urt’s

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 25, 2022 Lyle W. Cayce Clerk Case: 21-50220 Document: 00516254823 Page: 1 Date Filed: 03/25/2022No. 21

- 50220

2 application of a n enhancement for possession of a firearm in connection with another felony offens e, 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 findin g

“ 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 enhancemen t 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 p ossession 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 wi th Vaughn

. As “Stacy,” the officer requested a “ball” of methamphetamine, which Vaughn agreed to deliver. The officer testified that a “ball” is typically a bout three to four grams. When Vaughn arrived at the arranged meeting place in possession of a fi rearm and 4.7 grams of methamphetamine , the officer arrested him

. Vaughn argues that the methamphetamine he possessed w as for personal use. However, i n light of the officer’s testimony , the district court’s findings

— that Vaughn was planning to give at lea st some of the Case: 21-50220 Document: 00516254823 Page: 2 Date Filed: 03/25/2022No. 21

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3 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