United States of America v. Ulysses Bush

Fayetteville, Arkansas, criminal defense lawyer represented the Defendant charged with distributing a mixture or substance containing a detectable amount of methamphetamine.



Authorities began investigating Bush after they received information that he

and his girlfriend were selling methamphetamine—a fact confirmed by a confidential

source who bought methamphetamine from them on multiple occasions. During their

investigation, authorities also learned of a storage unit rented in Bush's girlfriend's

name. A search of this unit uncovered drugs and drug paraphernalia, including over

180 grams of methamphetamine and nearly 350 fentanyl pills divided into baggies,

along with a handgun rolled up in a bulletproof vest on a shelf above some drug

paraphernalia.



At sentencing, the district court applied a two-level enhancement because Bush

had possessed a dangerous weapon—the handgun found in the storage unit. See

USSG § 2D1.1(b)(1). That enhancement applies when a weapon is present, "unless

it is clearly improbable that the weapon was connected with the offense.” See id. cmt.

n. 11(A). To clear this "very low bar,” the government can show merely that the

weapon was found in the same location as drugs or drug paraphernalia. See United

States v. Ashburn, 865 F.3d 997, 999–1000 (8th Cir. 2017). "We will not reverse the

district court's findings that defendants possessed firearms for the purposes of

2D1.1(b)(1) unless they are clearly erroneous.” United States v. Cosey, 602 F.3d 943,

948 (8th Cir. 2010) (per curiam)

The Defendant pleaded guilty and was sentenced to 240 months in prison.