United States v. Eric Price
2017 U.S. App. LEXIS 4983
| 8th Cir. | 2017Background
- Eric Price pleaded guilty to being a felon in possession of firearms and was sentenced to 110 months’ imprisonment.
- District court calculated a base offense level of 24 under U.S.S.G. § 2K2.1(a)(2) based on two prior felony convictions it classified as "crimes of violence."
- The court also applied a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing firearms "in connection with" a felony marijuana offense.
- Facts supporting the enhancement: police stopped a car Price occupied after observed unloading; over 600 grams of marijuana (bagged) and four firearms (including a loaded MAC-10–style and a Beretta) were found in the trunk; a narcotics officer testified the marijuana odor was obvious.
- Price appealed: (1) his 2011 attempted-aggravated-assault conviction under Kansas law does not meet the Guidelines’ force clause definition of "crime of violence," and (2) the government failed to prove he possessed the marijuana (hence no connection between guns and a drug felony).
- Standards of review applied: de novo review for crime-of-violence classification; clear-error review for the possession-in-connection enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Price's prior Kansas attempted-aggravated-assault conviction qualifies under the Guidelines’ force clause (crime of violence) | Price: Kansas attempt/aggravated-assault statute does not require violent (physical) force and thus is not a crime of violence | Government/district court: statute requires intentional act creating reasonable apprehension of immediate bodily harm—equivalent to violent force | Court: Affirmed — Kansas statute requires violent force and prior conviction qualifies as a crime of violence (de novo review) |
| Whether Price constructively possessed the marijuana such that firearms were possessed "in connection with" a felony drug offense | Price: No evidence he knew of or exercised control over the marijuana in the trunk | Government: Circumstantial evidence (his movement of trunk items, presence of guns in trunk he admitted possessing, obvious odor of marijuana) supports constructive possession by a preponderance | Court: Affirmed — evidence sufficiently supports constructive possession and nexus to the firearms (clear-error review) |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (defines "physical force" as violent force)
- United States v. Jordan, 812 F.3d 1183 (distinguishable Arkansas statute decision referenced)
- United States v. Schaffer, 818 F.3d 796 (Minnesota statute requiring fear of immediate bodily harm qualifies as violent force)
- United States v. Sawyer, 588 F.3d 548 (attempt convictions treated as qualifying when completed offense qualifies)
- United States v. Eason, 829 F.3d 633 (partial abrogation context cited)
- United States v. Scofield, 433 F.3d 580 (constructive-possession standard: knowledge plus dominion or control)
- United States v. Bates, 614 F.3d 490 (standard of review for possession-in-connection enhancement)
- United States v. Berger, 553 F.3d 1107 (appellate court may affirm on any basis supported by the record)