United States v. Brian Posley, Jr.
706 F. App'x 313
6th Cir.2017Background
- Posley pled guilty to being a felon in possession of ammunition (18 U.S.C. § 922(g)(1)) after officers executed an arrest warrant at a residence on Feb. 25, 2016.
- On arrest, officers found four 9mm bullets and cocaine in Posley’s front pocket and $700 cash; a subsequent search of the house uncovered 2.3 g crack, 2.6 g cocaine, and 40.5 g marijuana (some recovered from a toilet).
- Posley admitted ownership of the drugs; state charges for possession with intent to sell were pending.
- The PSR applied a four-level enhancement under U.S.S.G. §2K2.1(b)(6)(B) for possessing ammunition “in connection with” a felony drug-trafficking offense, producing a guidelines range of 70–87 months; after acceptance points and with criminal history V, Posley was sentenced to 70 months.
- Posley objected only to the §2K2.1(b)(6)(B) enhancement and appealed the district court’s conclusion that (1) the drugs were possessed for resale (a felony) and (2) the ammunition was in close enough proximity to the drugs to facilitate that offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §2K2.1(b)(6)(B) four‑level enhancement applies for possessing ammunition "in connection with" a felony drug‑trafficking offense | Government: facts (multiple drugs, quantities, $700 cash, limited employment, state resale charges) support finding of drug trafficking and that ammunition in close proximity facilitated or could facilitate the trafficking | Posley: mere contemporaneous possession of drugs and ammunition (and speculative source of cash) insufficient; ammunition alone does not facilitate trafficking; proximity to drugs in toilet is not close enough | Affirmed. Court found by preponderance that drugs were for resale and that ammunition in close proximity could facilitate trafficking; applied Coleman fortress‑theory precedent to ammunition |
Key Cases Cited
- United States v. Coleman, 627 F.3d 205 (6th Cir. 2010) (ammunition in close proximity to drugs can facilitate a drug‑trafficking offense under §2K2.1(b)(6)(B))
- United States v. Shields, 664 F.3d 1040 (6th Cir. 2011) (reversed enhancement where evidence did not show firearm possession facilitated drug offense; distinguishes possession vs. trafficking)
- United States v. Richardson, 510 F.3d 622 (6th Cir. 2007) (articulated the "fortress theory" linking weapons on premises to protection/facilitation of drugs)