United States v. Devon Alexander
20-4516
| 4th Cir. | Apr 20, 2022Background
- Devon Alexander was convicted by a jury of being a felon in possession of a firearm (18 U.S.C. §§ 922(g)(1), 924(a)) and sentenced to 84 months; he appealed the sentence.
- The district court applied a Guidelines cross-reference under USSG § 2K2.1(c) to the possession-with-intent-to-distribute guideline, USSG § 2D1.1, and imposed a 2-level firearm enhancement under § 2D1.1(b)(1).
- During a search of Alexander’s residence, officers found methamphetamine concealed in the kitchen ceiling and multiple firearms; Alexander’s phone contained text messages indicating he was selling drugs.
- The government bore the burden to prove the cross-referenced offense by a preponderance of the evidence; constructive possession may be shown by ownership, dominion or control of the premises plus knowledge of contraband, with circumstantial evidence considered in the totality of the circumstances.
- The district court found Alexander constructively possessed the methamphetamine and actually possessed at least one firearm; the Fourth Circuit affirmed and declined to decide whether Alexander constructively possessed the other firearms found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by applying the § 2D1.1 cross-reference based on constructive possession of drugs | Alexander: court lacked sufficient evidence that he constructively possessed drugs | Government: meth in kitchen ceiling plus texts showing drug sales establish constructive possession by preponderance | Affirmed — constructive possession of meth established; cross-reference proper |
| Whether the § 2D1.1(b)(1) 2-level firearm enhancement was improper | Alexander: enhancement not warranted absent proper connection between drugs and firearms | Government: Alexander was in actual possession of a firearm at the time of search, supporting the enhancement | Affirmed — actual possession of a firearm supported the 2-level enhancement |
Key Cases Cited
- United States v. Lynn, 912 F.3d 212 (4th Cir. 2019) (standard of review and § 2K2.1(c) substitution for cross-referenced offenses)
- United States v. Slager, 912 F.3d 224 (4th Cir. 2019) (government must prove cross-referenced offense by a preponderance of the evidence)
- United States v. Herder, 594 F.3d 352 (4th Cir. 2010) (constructive possession can support possession-with-intent-to-distribute)
- United States v. Moody, 2 F.4th 180 (4th Cir. 2021) (constructive possession requires ownership, dominion, or control and knowledge; circumstantial evidence may suffice)