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Case: 13-13543
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Case: 13-13543
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Case: 13-13543
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Case: 13-13543
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a well-founded fear in her that violence was imminent, and that his behavior was
aggravated. See Fla. Stat. 784.011(1), 784.021(1).
Nor did the court clearly err in finding that Rogerss actions were not
justified under Florida law. Rogers presented no evidence and never claimed that
Williams or her brothers had attempted to enter his home when he threatened her.
While Rogers argues that his actions were justified because he was in fear of
imminent harm by Williamss brothers, there was no evidence that he saw
Williamss brothers or that they were even present, and the evidence is similarly
undisputed that he displayed the firearm to Williams, not to her brothers.
Therefore, it was not clearly erroneous to find that Rogerss actions were not
justified under Florida law. See Fla. Stat. 776.012, 776.013(1), 776.013(3).
Given these these fact findings, the court did not err in concluding that
Rogers used or possessed a firearm in connection with another felony offense and
applying the four-level 2K2.1(b)(6)(B) enhancement.
AFFIRMED.