United States v. Grays
2011 U.S. App. LEXIS 8923
| 8th Cir. | 2011Background
- Grays, a felon, pled guilty to felon in possession of a firearm (Ruger) from 2008 arrest.
- During a 2009 arrest, Grays fled, discarded a Glock; officers found $5,350 cash and 13.91 g crack in Tahoe.
- PSR identified underlying offense as drug trafficking and applied § 2K2.1(c)(1) cross reference.
- Court used § 2D1.1, converting crack/cocaine/marijuana quantities and cash to drug equivalents to compute offense level.
- District court concluded total quantity supported an 87–108 month range and sentenced Grays to 108 months.
- Grays appeals, arguing improper cross reference and cash-to-drug conversion; issues reviewed de novo for guidelines with clear error standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did cross reference § 2K2.1(c)(1) apply to drug trafficking rather than drug possession? | Grays argues cross reference is misplaced because offense was possession. | Grays contends trafficking was underlying, justifying cross reference. | Cross reference properly applied; firearm linked to trafficking. |
| Was cash-to-drug conversion appropriate to reflect drug trafficking scale? | Grays argues cash conversion is improper or speculative. | Government contends conversion reflects trafficking scale per guidelines. | Conversion upheld; supports reflecting scale of drug trafficking. |
Key Cases Cited
- United States v. Swanson, 610 F.3d 1005 (8th Cir. 2010) (guidelines de novo review with clear-error standard on factual findings)
- United States v. Mann, 315 F.3d 1054 (8th Cir. 2003) (firearm possession can trigger cross-reference even if not same gun)
- United States v. Davis, 360 F.3d 901 (8th Cir. 2004) (non-contemporaneous possession can trigger cross reference)
- United States v. King, 518 F.3d 571 (8th Cir. 2008) (cash-to-drug conversion authorized to reflect trafficking scale)