United States v. Brooks
2011 U.S. App. LEXIS 16142
| 8th Cir. | 2011Background
- Brooks pleaded guilty to felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- PSR added a four-level enhancement under § 2K2.1(b)(6) for possessing the firearm in connection with another felony (first-degree assault/armed criminal action).
- District court calculated total offense level 27, criminal history category IV, advisory range 100–120 months.
- Brooks objected only to the enhancement; he argued the 'another felony' evidence came from out‑of‑court witness statements.
- Government later offered to stipulate four witnesses would testify; Brooks stipulated to their testimony but challenged credibility and DNA evidence.
- Court imposed 120-month sentence after applying the enhancement based on the government’s summary and the PSR findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the § 2K2.1(b)(6) enhancement was properly applied | Brooks (Brooks) argues the enhancement was based on unreliable, out-of-court statements. | Brooks contends the court should not rely on witnesses who refused state prosecution cooperation and on DNA evidence. | Yes, enhancement sustained; sufficient indicia of reliability supported by PSR and corroborating observations. |
| Whether the district court properly relied on unobjected PSR facts | Brooks did not object to PSR factual statements about the offense. | None specific beyond challenging the enhancement reliance on these facts. | Yes; unobjected PSR facts can support the enhancement if reliable. |
| Whether the government proved the 'other felony' by preponderance of the evidence | Brooks disputes that he personally committed the other felony (shooting). | Government offered testimony/stipulation that Brooks fired at the Suburban. | Yes; evidence in PSR plus corroboration and witness statements sufficed to find Brooks possessed the firearm in connection with another felony. |
| Whether the court properly weighed DNA evidence against the finding | Brooks argues DNA from others in the car undermines his involvement. | DNA evidence did not conclusively exculpate; other corroborating facts support the finding. | Yes; DNA did not negate the credible testimony establishing possession in connection with another felony. |
Key Cases Cited
- United States v. Anderson, 618 F.3d 873 (8th Cir. 2010) (guidelines de novo review; factual findings reviewed for clear error)
- United States v. Smith, 535 F.3d 883 (8th Cir. 2008) (enhancement evidence considerations; burden on government)
- United States v. Razo-Guerra, 534 F.3d 970 (8th Cir. 2008) (preponderance standard; PSR objections specifics required)
- United States v. Woods, 596 F.3d 445 (8th Cir. 2010) (indicia of reliability for out-of-court statements in PSR)