This summary allegation has no legal merit. 7 . Maxwell was not the only witness who testified at trial that Harris possessed a .45 caliber handgun. Andre Alexander Springfield also testified that he had seen Harris with a .45 caliber gun in 1996. HEANEY, Circuit Judge, dissenting. The district court added thirty months to the appellant’s sentence on the basis that he possessed a firearm during the commission of the offense. The evidence established that Harris had the firearm several months before his drug sales, but not during them. Therefore, I cannot agree that the weapon was connected to the offense and I dissent from that portion of the majority’s opinion that affirms the sentence enhancement. As the majority correctly notes, a two-level enhancement for dr 31-33 (8th Cir.1992) (<HOLDING>). In this ease, the district court did not find
holding that city ordinances ban on assault weapons was vague because the ordinance lacked a scienter requirement and its definitions of assault weapons inter alia unfairly required gun consumers to ascertain the developmental history of particular weapons or monitor the precise types of ammunition available for their weapons recognizing innocent possession defense to a charge of criminal weapons possession holding search of armed robbery defendants suitcases and between mattresses of hotel room proper where at time of arrest officers were aware that the defendants had used several different weapons during the robberies and that one weapon a loaded revolver was in plain view concluding officers reasonably feared that someone else was going to come to the room who knew where the other weapons were or that the defendants would position themselves to take advantage of any hidden weapons or instrumentalities recognizing as reasonable an officers inference that a driver could be hiding weapons in his car when his passenger had an outstanding warrant for a weapons violation holding enhancement not appropriate because of two and onehalf month lapse between the criminal activity and the discovery of the weapons and no evidence that weapons were present when defendant committed charged offense