964 F.3d 283
4th Cir.2020Background
- In Oct. 2017 police responded to gunshots at a Burlington, NC home; officers found Jermarise Bolden in a rear bedroom and recovered two handguns, 2.6 g marijuana, and 300 mg cocaine base. Bolden, a felon, had fired a gun and had exhibited drug-induced psychosis.
- Bolden pled guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1).
- The PSR recommended a four-level Sentencing Guidelines enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing a firearm "in connection with another felony," based on an initial PSR finding of first-degree kidnapping.
- Bolden objected, arguing he lacked the specific intent for kidnapping due to his psychosis; at sentencing the district court agreed kidnapping was not established but nonetheless applied the +4 enhancement based on an alternative predicate—felony possession of cocaine—without making any findings linking the firearms to the cocaine.
- The court sentenced Bolden to 102 months. On appeal, the Fourth Circuit vacated and remanded because the district court failed to make findings that the firearm "facilitated or had the potential of facilitating" the cocaine-possession offense as required by the Guidelines and precedent.
Issues
| Issue | Bolden's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Bolden possessed a firearm "in connection with" felony cocaine possession under U.S.S.G. § 2K2.1(b)(6)(B) | No; no link between the guns and cocaine and district court made no findings | Yes; the guns and drugs were found together and thus supported the +4 enhancement (government relied on cocaine-possession as alternative) | Vacated and remanded: district court made no findings that the firearm "facilitated or had the potential of facilitating" the cocaine-possession offense, so appellate review is impossible |
Key Cases Cited
- United States v. Jenkins, 566 F.3d 160 (4th Cir. 2009) (firearm "present for protection or to embolden" can satisfy "in connection with" when facilitation is shown)
- United States v. Wilkinson, 590 F.3d 259 (4th Cir. 2010) (vacatur required where district court makes inadequately explained findings on Guidelines calculation)
- Gall v. United States, 552 U.S. 38 (2007) (sentencing review standard: abuse of discretion)
- United States v. Briggs, 919 F.3d 1030 (7th Cir. 2019) (vacating sentence where district court failed to explain how felony cocaine possession was connected to firearms)
- Rehaif v. United States, 139 S. Ct. 2191 (2019) (elements required for § 922(g) include knowledge of possession and knowledge of status)
- United States v. Bennett, 698 F.3d 194 (4th Cir. 2012) (standard for preserving sentencing objections)