Background
Benjamin Ray Nordby pleaded guilty to possession with intent to distribute fifty grams or more of methamphetamine. At sentencing, the district court applied a two-level enhancement for possession of a dangerous weapon based on a firearm seized during a September 2023 traffic stop involving marijuana. Nordby argued the prior stop was a separate occurrence in a different state and not relevant conduct.
The court’s reasoning
The court held that the district court did not clearly err in finding the September 2023 traffic stop was sufficiently connected to the charged offense. The enhancement applies if the weapon was possessed and it was not clearly improbable that it was connected to the drug offense. The court found the offenses were similar, evidenced a repeated pattern of transporting drugs, and occurred within close temporal proximity of less than two months.
What it means going forward
This decision reinforces that drug trafficking offenses involving different types of contraband can be treated as part of a single course of conduct if they share common factors and occur in close temporal proximity, even if separated by months or occurring in different states.