88 F.4th 534
4th Cir.2023Background
- Eric Henderson pleaded guilty to being a felon in possession of a firearm, violating 18 U.S.C. § 922(g)(1).
- At sentencing, the district court applied two enhancements: one for possessing a firearm in connection with another felony (due to also being under a Domestic Violence Protective Order), and another for reckless endangerment during flight from law enforcement.
- Henderson objected to both enhancements, arguing they were improperly applied.
- The district court overruled his objections and imposed a 60-month sentence.
- On appeal, Henderson challenged both enhancements, claiming there was no separate felony for the first, and insufficient facts for the second.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enhancement for possession in connection with another felony offense | Henderson argued no separate felony occurred; being in multiple disqualifying classes under § 922(g) for the same act doesn't support enhancement | Government claimed being under a DVPO constituted "another felony" justifying the enhancement | Court agreed with Henderson; enhancement not appropriate without a separate felony offense |
| Enhancement for reckless endangerment during flight | Henderson argued his conduct did not rise to recklessness; flight with a firearm alone is insufficient | Government claimed fleeing with a loaded rifle is inherently reckless | Court agreed with Henderson; insufficient facts to support reckless endangerment enhancement |
Key Cases Cited
- United States v. Dunford, 148 F.3d 385 (4th Cir. 1998) (holding that a single instance of firearm possession by a person in multiple disqualifying categories under § 922(g) still constitutes only one offense)
- United States v. Blount, 337 F.3d 404 (4th Cir. 2003) (enhancement under § 2K2.1 should only apply when there is a distinct, separate felony made more dangerous by the firearm)
- United States v. Shivers, 56 F.4th 320 (4th Cir. 2022) (armed flight alone is not sufficient for a reckless endangerment enhancement under § 3C1.2; requires "flight-plus-something more")