United States v. DeShawn Reilly
682 F. App'x 766
| 11th Cir. | 2017Background
- Deshawn Reilly appealed a 100-month sentence under 18 U.S.C. § 922(g)(1) for possession of firearms after a felony conviction.
- District court applied U.S.S.G. § 2K2.1(a)(3) (base offense level 22) based on possession of a semiautomatic firearm capable of accepting a large-capacity magazine and Reilly’s prior felony.
- The court imposed a +2 enhancement under § 2K2.1(b)(1)(A) for possession of three to seven firearms and a +4 enhancement under § 2K2.1(b)(6)(B) for possession of firearms in connection with another felony (drug distribution).
- Key evidence: Reilly’s text messages directing his wife to buy guns, pawnshop video and testimony, ATF testimony that Reilly transported the guns, Reilly’s admission that two pistols were kept in the house, and drug-distribution paraphernalia and large cash found in the home.
- Reilly admitted possessing a Mossberg shotgun but disputed constructive possession of the other firearms and disputed that the shotgun was possessed in connection with his drug offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government proved constructive possession of three firearms | Reilly: government failed to show constructive possession of the FN Herstal, Kel‑Tec, and Glock | Government: circumstantial evidence (texts, purchases, transport, admissions) shows dominion/control | Court: affirmed; facts support constructive possession |
| Whether base offense level under §2K2.1(a)(3) applies | Reilly: disputes predicate facts for base level tied to semiautomatic large‑capacity firearm and prior conviction | Government: presence of qualifying FN Herstal and prior felony supports §2K2.1(a)(3) | Court: affirmed base level 22 |
| Whether +2 enhancement for 3–7 firearms applies | Reilly: contests that three firearms were his | Government: proved possession of at least three firearms | Court: affirmed +2 enhancement |
| Whether +4 enhancement under §2K2.1(b)(6)(B) applies for connection to another felony | Reilly: only admitted possession of shotgun and denies connection to drug distribution | Government: presence of drugs, distribution tools, large cash, and linked possession shows connection/knowledge | Court: affirmed +4 enhancement |
Key Cases Cited
- United States v. Greer, 440 F.3d 1267 (11th Cir. 2006) (defines constructive possession and the standards for proving it)
- United States v. Johnson, 694 F.3d 1192 (11th Cir. 2012) (explains de novo review of guideline application and clear‑error review of factual findings)
- United States v. Petrie, 302 F.3d 1280 (11th Cir. 2002) (record support prevents finding of clear error)
- United States v. Rothenberg, 610 F.3d 621 (11th Cir. 2010) (articulates the "definite and firm conviction" standard for clear‑error review)