United States v. Curtis Sealy
661 F. App'x 278
| 5th Cir. | 2016Background
- On Feb 10–11, 2015, police executed a controlled buy and then a search of a Fort Worth residence where DeMarcus Peoples lived; officers found Sealy in the living room and recovered four firearms and several ounces of marijuana in different locations of the house.
- The government charged Sealy, a felon, with possession of the Bersa .380 pistol that was found within his reach; Sealy pleaded guilty without a plea agreement and admitted the firearm traveled in interstate commerce.
- The Presentence Investigation Report (PSR) attributed three additional firearms (a Ruger revolver, a Hi‑Point pistol, and a Norinco SKS rifle) and large amounts of marijuana in the house to Sealy as relevant conduct.
- Based on the PSR, the district court set Sealy’s base offense level at 20 (U.S.S.G. §2K2.1(a)(4)(B)), added a +2 for 3–7 firearms (§2K2.1(b)(1)(A)), and a +4 for possessing the firearm in connection with another felony (§2K2.1(b)(6)(B)), producing an offense level of 25 and a Guidelines range of 84–105 months.
- The district court adopted the PSR over Sealy’s objections, imposed an upward variance, and sentenced Sealy to the statutory maximum 120 months; Sealy appealed the sentence (not the conviction).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sealy possessed (actual or constructive) the Ruger, Hi‑Point, and Norinco such that they count as relevant conduct | PSR and government: Sealy should be held accountable for all firearms in the house as part of the offense | Sealy: did not have actual or constructive control, lacked knowledge or dominion over weapons located in other rooms/closets | Court: Government failed to prove possession by preponderance; court erred including those firearms for Guidelines calculations |
| Whether base level should be 20 for a firearm capable of accepting high‑capacity magazines (§2K2.1(a)(4)(B)) | Government: Norinco SKS justified base level 20 | Sealy: only the Bersa is attributable; base level should be 14 (§2K2.1(a)(6)) | Court: Erroneous to assign base level 20 because Norinco not proven to be Sealy’s possession |
| Whether +2 enhancement for 3–7 firearms (§2K2.1(b)(1)(A)) applies | Government: three or more firearms were involved | Sealy: only one firearm attributable to him | Court: Enhancement improper because additional firearms not proven attributable |
| Whether +4 enhancement for possession in connection with another felony (drug trafficking) (§2K2.1(b)(6)(B)) applies | Government: proximity to drugs and presence in same residence connects firearm to drug offense | Sealy: only misdemeanor quantity near him; no evidence he trafficked or used the gun to facilitate trafficking | Court: Enhancement improper—no proof Sealy was a trafficker or that the Bersa facilitated a felony drug offense |
Key Cases Cited
- United States v. Hagman, 740 F.3d 1044 (5th Cir.) (explains actual vs. constructive possession and standard of proof for sentencing enhancements)
- United States v. Jeffries, 587 F.3d 690 (5th Cir.) (firearm enhancement for connection to another felony requires facilitation or potential to facilitate trafficking)
- United States v. Houston, 364 F.3d 243 (5th Cir.) (constructive possession requires knowledge and dominion; mere proximity insufficient)
- United States v. Fields, 72 F.3d 1200 (5th Cir.) (joint occupancy alone does not establish constructive possession)
- United States v. Benbrook, 40 F.3d 88 (5th Cir.) (mere presence insufficient to prove drug trafficking)
- United States v. Ibarra-Luna, 628 F.3d 712 (5th Cir.) (harmless error analysis for sentencing guideline miscalculations)
- United States v. Coleman, 609 F.3d 699 (5th Cir.) (clear‑error standard for factual findings at sentencing)