United States v. Coleman
2010 U.S. App. LEXIS 25222
| 6th Cir. | 2010Background
- Coleman pled guilty to two counts of being a felon in possession of ammunition; a marijuana count was to be dismissed for full acceptance of responsibility.
- At sentencing, he received a four-level enhancement under U.S.S.G. § 2K2.1(b)(6) for possessing 23 live rounds near drugs.
- He received a two-level acceptance of responsibility reduction; the government did not move for a third level.
- PSR initially set base level 24, plus 4 for ammunition, minus 3 for acceptance, yielding level 25; later amended to level 26 after adjustments.
- The district court treated the ammunition as facilitating or potentially facilitating a felony distribution of marijuana under the fortress theory.
- Coleman challenged the four-level enhancement and the denial of the third-level acceptance of responsibility reduction; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ammunition alone can trigger § 2K2.1(b)(6) enhancement | Coleman—ammunition alone does not facilitate the drug offense | Coleman—ammunition alone can facilitate the drug distribution as per fortress theory | Four-level enhancement affirmed |
| Whether the government's refusal to file a third-level reduction was plain error | Coleman—refusal was arbitrary and unrelated to timing of plea | Coleman—refusal was in good faith and not arbitrary | No plain error; district court’s denial affirmed |
Key Cases Cited
- United States v. Ennenga, 263 F.3d 499 (6th Cir. 2001) (fortress theory and proximity evidence relevant to § 2K2.1(b)(6))
- United States v. Richardson, 510 F.3d 622 (6th Cir. 2007) (fortress theory and interpretation of 'facilitated' in § 2K2.1(b)(6))
- United States v. Lapsins, 570 F.3d 758 (6th Cir. 2009) (government may decline to move for § 3E1.1(b) reduction absent arbitrary motive)
- United States v. Robertson, 260 F.3d 500 (6th Cir. 2001) (timing-based access to third-level reduction under § 3E1.1)
- United States v. Morrow, 977 F.2d 222 (6th Cir. 1992) (plain-error standard for unpreserved objections)
- United States v. Gall, 552 U.S. 38 (2007) (reasonableness review for sentences)