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Margaret D. McGaughey, Assistant United States Attorney, w
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whom Jay P. McCloskey, United States Attorney, and Timothy D. Wi
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Assistant United States Attorney, were on brief for the United Stat
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*Of the District of Rhode Island, sitting by designation.
Per Curiam.
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helicopter
In
September 1992,
enforcement
law
After a ground
or near the
(b)(1)(C).
to
to distribute.
Pursuant to a
plead guilty on
21
U.S.C.
841(a)(1)
March 1, 1993, to
and
allowed
841(b)(1)(C).
Sentencing occurred
amount
of marijuana
on August 10,
by law
2D1.1(b)(1),
determining
that Stein
crime. U.S.S.G.
on the
began with
a base
enforcement officers
U.S.S.G.
Based
on the discovery
four firearms
1993.
and
deducted
levels after
3E1.1(b).
of
for his
rejected this
contention
and sentenced
Stein to
57
-2-2-
months imprisonment.
Stein's first
appeal is that
the district
court
abused its
from
discretion in
failing to
depart downward
jurisdiction to review
refusals
F.2d
288, 292
(1st
An
exception exists
inference that
whether it
"if
the
Ct.
(1st Cir.
authority to depart."
Amparo, 961
______
F.2d 326,
an
to depart did
Stein's
224
record supports
113 S.
contrary, we find
Despite
marijuana
difficulties.
had suffered a
by
host
The presentence
wide range
and
emotional
back,
an automobile accident
physical
of severe injuries
of
in 1989.
Although Stein
-3-3-
to
experience
intense headaches
Stein
from
the death
accident
that
asserted
that he
U.S.S.G.
suffered
took
severe
place
receiving Social
emotional
his fiancee
in
1992.
qualified for
(Physical Condition).
was
of
5H1.3 (Mental
and
in
depression
another auto
Accordingly,
a downward
In
Stein
departure under
Stein
the factors
to a departure under
the catch-all
5K2.0.
the district
court rejected
these arguments,
question that
and explicitly
The
the
was
"I don't
the authority
rejected the
think
to
government's argument
court found
not
its
the
that
Stein's admittedly
primary
cause
of
his
"tragic
illegal
these plants,
172 plants or
thereabouts, were
. . .
[T]he
argument on
-4-4-
similar grounds.
understand
the duress
argument at
expressed the
also repeated
its belief
that the
will," the
number of
plants
duress
argument.
Moreover,
the
court concluded
not [to] say I
its
don't
of
this
case
warrant
departure."
Given
the
district
court's
clear
recognition
of
its
authority
to
dangerous weapon.
2D1.1(b)(1).
officers discovered
least
three
loaded.
he
U.S.S.G.
four firearms
of which
on
were operable
Law
enforcement
Stein's property,
and
one of
at
which was
asserts,
possession
however,
of
that
marijuana
they
and
were
thus
unrelated
should
not
to
have
his
been
have held
that,
once the
government shows
that a
-5-5-
to
the defendant
to demonstrate
"the existence
weapon's
presence has
connection
of special
improbable' that
to the
narcotics
Cir. 1992).
Although
or the
findings
be shown to
have had
1992).
on
Moreover, we review
this
point
--
like
the
rather,
protect the
need not
the drugs is
it is sufficient if
defendant
some connection to
981 F.2d
the district
other
factual
We find
no such error
on the present
record.
Three of
camper
Stein's four
as a number
weapons were
of baggies containing
he kept
one of the
woodchucks was
had
in mind
in drafting
used to
arrest.
The
protect the
marijuana.
Stein
weapons loaded
of firearms
what the
U.S.S.G.
same
and
The use
probably not
found in the
-6-6-
Sentencing Commission
2D1.1(b)(1).
But the
plants from
district court's
to fend off
others or
determination that
to resist
the guns
were used "to further the crime" was not clearly erroneous.
Nor does it make any difference that most of the weapons
may
was
arrested.
hearing that
accessible at the
Although Stein
the guns were
testified at
his sentencing
multitude of
place."
purpose
the
of
provisions
enhancement require
that the
that
impose
weapon or
the
weapons be
firearms
used or
failure
sentence, and
offense
to
because
depart
downward
that court's
from
the
enhancement of
of a dangerous
guideline
Stein's
-7-7-