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United States v. Trevor Scott Foster
Citations: 25 F.3d 1041; 1994 U.S. App. LEXIS 20860; 1994 WL 258466Docket: 93-5540
Court: Court of Appeals for the Fourth Circuit; June 14, 1994; Federal Appellate Court
Trevor Scott Foster was convicted of possession of crack cocaine with intent to distribute and sentenced to sixty-three months in prison. He appealed his sentence, arguing that the district court erred in enhancing his sentence based on his possession of two firearms during the offense. The evidence included 11.88 grams of crack cocaine and the firearms discovered in his apartment during a police search, which he admitted were his. Foster's plea agreement included an acknowledgment of the firearms, and he reiterated this during a probation interview. The probation officer recommended a sentence enhancement due to the firearm possession, which Foster did not contest during sentencing. Because he failed to object to the enhancement in the district court, he forfeited his right to raise this issue on appeal, except in cases of plain error. The court determined that the enhancement was not a clear error, as the presence of the firearms was connected to the offense. The Fourth Circuit Court of Appeals affirmed the district court's decision without oral argument, concluding that the facts and legal arguments were sufficiently clear in the submitted materials.