593 F. App'x 168
4th Cir.2014Background
- Appellant pled guilty to unlawful possession of a firearm under 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
- PSR applied a four-level enhancement under § 2K2.1(b)(6)(B) for possession in connection with another felony and a two-level enhancement for the firearm being stolen.
- The firearm was the object of a safecracking/larceny; it was taken from a gunSafe during a housebreaking.
- Appellant admitted breaking into the safe, taking the firearm, and intending to sell it; the firearm later was recovered.
- District court concluded the four-level enhancement was warranted based on larceny—possession of the firearm as the fruit of the crime—and imposed a 74-month sentence, at the low end of the guidelines.
- Appellant appealed challenging the nexus between firearm and the underlying felony and the district court’s reasoning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether possession of a firearm stolen in a larceny supports § 2K2.1(b)(6)(B). | Larrimore argues no nexus; the firearm was taken after safecracking, not during. | Government contends the firearm was the fruit of the larceny and thus in connection with the offense. | Yes; the firearm as the object of the larceny satisfies the nexus for the enhancement. |
Key Cases Cited
- Smith v. United States, 508 U.S. 223 (Supreme Court 1993) (defines 'in connection with' broadly (facilitation or potential facilitation))
- United States v. Blount, 337 F.3d 404 (4th Cir. 2003) (requires purposeful, non-accidental nexus; not merely presence at crime scene)
- United States v. Hampton, 628 F.3d 654 (4th Cir. 2010) (case-by-case factual approach to determine facilitation or emboldening)
- United States v. Jenkins, 566 F.3d 160 (4th Cir. 2009) (factual determination whether firearm emboldened or aided offense)
- United States v. Marrufo, 661 F.3d 1204 (10th Cir. 2011) (firearm as a tool enabling theft—facilitation when firearm is the object of the offense)
- United States v. Pazour, 609 F.3d 950 (8th Cir. 2010) (firearm facilitates theft when it is the stolen article itself)
- Wise v. United States, 556 F.3d 629 (7th Cir. 2009) (possession can facilitate offense when possession itself is the offense; requires factual support)
- United States v. Schaal, 340 F.3d 196 (4th Cir. 2003) (illustrates firearm facilitating related offenses)