United States v. Corey Pettiford
699 F. App'x 191
| 4th Cir. | 2017Background
- Pettiford, a convicted felon, was convicted for being a felon in possession of firearms and sentenced to 72 months.
- At trial, an undercover officer purchased body armor from Pettiford; the officer later sought additional body armor and firearms.
- Pettiford possessed and delivered the charged firearms at the same time he delivered additional body armor to the undercover officer.
- The district court applied a four-level enhancement under USSG § 2K2.1(b)(6)(B) for possession of a firearm "in connection with another felony offense" (possession of body armor by a convicted felon).
- Pettiford appealed, raising (through Anders counsel) whether the § 2K2.1(b)(6) enhancement was improperly applied; no pro se brief was filed.
- The Fourth Circuit reviewed guideline calculations de novo (facts for clear error) and affirmed the enhancement and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(6) enhancement applies for firearm possession "in connection with" another felony | Pettiford argued the guns were not sufficiently connected to the body armor offense to justify the enhancement | Government argued the guns were delivered contemporaneously with additional body armor sales and had the potential to facilitate the felony | Court held the enhancement proper because the firearms had the potential to facilitate the body armor sale and were not coincidental |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel to file a brief conceding no meritorious appeal)
- United States v. Manigan, 592 F.3d 621 (4th Cir.) (review standards: legal conclusions de novo, factual findings for clear error)
- United States v. Garnett, 243 F.3d 824 (4th Cir.) (government must prove possession and connection to another felony by preponderance)
- United States v. Hampton, 628 F.3d 654 (4th Cir.) (firearm must facilitate or have potential to facilitate another crime; not accidental)
- United States v. Lipford, 203 F.3d 259 (4th Cir.) (weapons can facilitate drug or related illegal transactions and thus be connected to the underlying felony)