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The Honorable Gary A. Fenner, United States District Judge for the Western

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 10-2357

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United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the

v. * Western District of Missouri.

*

Cedric D. Mack, * [UNPUBLISHED]

*

Appellant. *

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Submitted: May 9, 2011

Filed: May 13, 2011

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Before MELLOY, BOWMAN, and BENTON, Circuit Judges.

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PER CURIAM.

Cedric D. Mack pleaded guilty in District Court1

 to a charge of being a felon

in possession of a firearm. The court sentenced him to seventy-two months in prison.

Mack appeals from the judgment, specifically his sentence, challenging the District

Court's decision to increase his offense level by four pursuant to U.S. Sentencing

Guidelines Manual § 2K2.1(b)(6) upon finding that Mack possessed the firearms in

question in connection with another felony offense. We affirm.
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The relevant facts underlying the court's § 2K2.1(b)(6) finding are undisputed.

Acting on complaints concerning illegal drug transactions in the area of 28th and Park

in Kansas City, Missouri, officers from the Kansas City, Missouri, Police Department

began surveilling the neighborhood. On September 2, 2007, on the sidewalk in front

of Mack's residence at 2738 Park, officers observed activity consistent with the sale

of illegal drugs. At one point, an unidentified person brandished a handgun and ran

toward a vehicle, which drove away before shots were fired. A second individual,

also unidentified, took the gun into 2738 Park through the front door without

knocking. On September 5, a confidential informant (CI) went to Mack's residence.

Mack opened the door and let the CI into the house, where the CI purchased 0.2 grams

of crack cocaine from someone known as Wayne. A week later, a CI purchased 0.3

grams of crack cocaine from individuals standing outside 2738 Park.

On September 27, 2007, officers searched 2738 Park pursuant to a warrant and

recovered, among other things, a clear plastic bag containing twelve individual

packages of crack cocaine totaling 1.7 grams from the top of a built-in hutch in the

dining room, an electronic scale from a drawer in the hutch, a loaded .38 caliber

revolver from under the couch in the living room, and a 16-gauge shotgun from the

basement. Mack, who was present for the search, admitted ownership of the firearms

but denied ownership of the crack cocaine.

We review for clear error the District Court's finding that Mack possessed the

firearms in connection with the intent to distribute illegal drugs. See United States v.

Smith, 535 F.3d 883, 885 (8th Cir. 2008). Mack's counsel objected to the presentence

investigation report's § 2K2.1(b)(6) recommendation and argued that Mack, although

admitting that he had a crack problem, was unaware that crack was being distributed

from his residence. Counsel contended that the dealers must have been Mack's

nephews or sons who were living in the house. The District Court nevertheless found

the four-level increase applicable, obviously finding Mack's explanation—that he was

not involved in distributing drugs—not credible. On this record, we conclude that a
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preponderance of the evidence supports the District Court's § 2K2.1(b)(6) finding, and

thus the finding was not clear error. See United States v. Bridges, 569 F.3d 374,

377–78 (8th Cir. 2009) (noting that a sentencing court applies "a preponderance of the

evidence standard to determine whether a four-level enhancement for possessing a

firearm 'in connection with another felony offense'" is warranted and that the court's

credibility findings will rarely be clear error). Accordingly, we affirm the sentence

imposed by the District Court.

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