The Honorable Jean C. Hamilton, Chi ef Judge, United States District Court for 1 the Eastern District of Missouri. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-1345

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Lamont Netter, * * [UNPUBLISHED] Appellant. *

___________ Submitted: July 7, 1997 Filed: August 15, 1997

___________ Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

___________ PER CURIAM.

Lamont Netter appeals the sentence imposed on him by the District Court a t 1 resentencing following remand. We affirm.

Wh en authorities searched Lamont Netter & s apartment following his arrest i n connection with an arranged cocaine transaction in a parking lot, they found twenty-one ounces of cocaine in a bedroom closet, one kilogram of cocaine under neath a bed in the-2-

same room, an d a loaded .22 caliber semi-automatic pistol lying beneath the bed next to the kilogram

of cocaine. Netter pleaded guilty to possessing cocaine with intent to di stribute, in violation of 21 U.S.C. § 841(a)(1) (1994), and a jury convicted him o f using or carrying a firearm in rela tion to the cocaine-trafficking offense, in violation of 18 U.S.C. § 924(c)(1) (1994). After the firearm conviction was affirme d on appeal, see United States v. Netter , 62 F.3d 232 (8th Cir. 1995), our judgm ent was vacated and the matter was remanded to us for further con sideration in light of Bailey v. United States , 116 S. Ct. 501 (1995), see Netter v. United States , 116 S. Ct. 1411 (1996). O n remand, we reversed the firearm conviction, vacated the sentence on the drug count, and remanded the case to the District Cour t to consider whether to assess a sentencing enhance ment

under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) (1995 ) (p ermitting increase of two levels if firearm was possessed). See U.S. v. Netter , No. 95-1332 (8th Cir. Oct. 7, 1996) (judgment reversing, vacating, and remanding). The District Court concluded that the enhancement was warranted, recalculated th e Guidelines ran ge applicable to the drug count with the enhancement, and resentenced Nett er at the bottom of the revised range to 121 months' imprisonment and 4 years ' supervised release. On ap peal, Netter challenges the firearm enhancement to his drug sentence.
The commentary to § 2D1.1 explains that the two-level enhancement should be applied if the weapon was present, unless it was clearly improbable that the weapo n
was connected with the offense. See U.S. Sentencing Guidelines Manual § 2D1.1 , comment ary (n.3) (1995). The government has the burden of proving by a preponderance of the evidence both that the weapon was present and that it is probable that t he weapon was connected with the drug offense. See United States v

. McCracken , 110 F.3d 535, 541 (8th Cir. 1997). Here, the gun was found hidde n beneath a bed in Netter & s apartm ent next to a significant quantity of cocaine--the same type of dru g he pleaded guilty to possessing with intent to distribute. The Distric t Court did not clearly err in assessing the enhancement. See id. at 542 (standard of-3-

review; affirming enhancement where firearms and drugs were found in defendants ' residence).
Accordingly, we affirm.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.