United States v. Daryn Reid
684 F. App'x 406
| 5th Cir. | 2017Background
- Defendant Daryn Antione Reid pleaded guilty to being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)) and received a 120-month sentence.
- Two incidents relevant to sentencing: (1) In September 2015, Reid possessed a 9mm pistol, reached for it while fleeing police, a round discharged as he climbed a fence, and he later discarded the 9mm in a dumpster; (2) In August 2015, officers observed Reid offer to sell crack cocaine, he ran into a store, was seen tossing an item into a trash can, and a .45 caliber firearm was recovered from that trash can (no separate charges were filed for that incident).
- The district court applied two Sentencing Guidelines enhancements: U.S.S.G. § 2K2.1(b)(6)(B) (possession of a firearm in connection with another felony) based on the .45 found in the dumpster tied to an attempted distribution of cocaine base, and U.S.S.G. § 3C1.2 (creating substantial risk of death or serious bodily injury while fleeing police) based on Reid’s flight with the 9mm.
- Reid challenged both enhancements on appeal, arguing insufficient evidence linking him to the .45 and to the drug offense, that the .45 was a different firearm than the one of conviction, and that he did not recklessly create substantial risk while fleeing.
- The Fifth Circuit reviewed the Guidelines application de novo and factual findings for clear error, and affirmed both enhancements and the sentence.
Issues
| Issue | Plaintiff's Argument (Reid) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(6)(B) enhancement was supported (firearm possessed in connection with another felony) | Evidence insufficient to show Reid possessed the .45 or committed a drug-sale felony; the .45 is a different gun than the one of conviction | Officers observed drug-sale conduct, witnesses saw Reid discard an item later matching the .45, and commentary to the Guidelines does not require the same firearm be cited in the conviction | Affirmed: finding Reid possessed the .45 and it was connected to attempted distribution was plausible and not clearly erroneous; enhancement properly applied |
| Whether § 3C1.2 enhancement (creating substantial risk while fleeing) was supported | Reid did not recklessly create a substantial risk during flight | Reid reached for and removed a 9mm while fleeing, an officer took cover, a round discharged as he climbed a fence, and he continued running with the gun before discarding it | Affirmed: conduct supported application of § 3C1.2 and was not clearly erroneous |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (explaining post-Booker procedural and substantive review standards for sentencing)
- United States v. Delgado-Martinez, 564 F.3d 750 (5th Cir. 2009) (review standards for preserved sentencing objections)
- United States v. Cisneros-Gutierrez, 517 F.3d 751 (5th Cir. 2008) (distinguishing de novo review of Guidelines application from clear-error review of facts)
- United States v. Coleman, 609 F.3d 699 (5th Cir. 2010) (treating the relationship between a firearm and another offense as a factual determination)
- United States v. Edwards, 303 F.3d 606 (5th Cir. 2002) (waiver doctrine for arguments not meaningfully raised on appeal)
- United States v. Bardell, [citation="294 F. App'x 881"] (5th Cir. 2008) (applying § 3C1.2 in the context of risky flight from police)