United States v. Kendan Fonville
682 F. App'x 539
| 8th Cir. | 2017Background
- Defendant Kendan Fonville pleaded guilty to: (1) possession of a firearm by an unlawful drug user, 18 U.S.C. §§ 922(g)(3), 924(a)(2); and (2) possession of a firearm with an obliterated serial number, 18 U.S.C. §§ 922(k), 924(a)(1)(B).
- At sentencing witnesses gave conflicting testimony about whether Fonville possessed and fired an AK-47 at a party; several witnesses positively identified him firing or jointly holding the AK-47.
- Fonville also possessed at least two other firearms (a MAC-10 and a Bersa .380), and the AK-47 was capable of accepting a large-capacity magazine; Fonville was a prohibited person when the offenses occurred.
- The district court found Fonville frivolously contested possession of the AK-47 and denied an acceptance-of-responsibility reduction, applied a base offense level of 20 and a two-level enhancement for possession of three or more firearms, yielding a total offense level of 30.
- The district court granted the government’s motion for an upward departure under U.S.S.G. § 4A1.3, raising Fonville’s criminal history from Category IV to V based on numerous prior escalating, often-uncharged or unscored offenses.
- With offense level 30 and criminal history V (statutory maximum 180 months), the guidelines range was 151–180 months; the district court imposed the 180-month statutory maximum. Fonville appealed, challenging factual findings, guideline calculations, the upward departure, and substantive reasonableness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether government proved Fonville possessed/fired the AK-47 | Government failed to prove Fonville possessed or fired the AK-47 | District court’s credibility findings that Fonville did possess/fire were clearly erroneous | Court affirmed: credibility determinations supported finding of at least joint possession/firing |
| Acceptance-of-responsibility reduction | Fonville implied he should receive reduction | District court concluded Fonville frivolously contested possession, so denial appropriate | Affirmed: district court’s factual finding entitled to deference |
| Guidelines offense-level and firearm-count enhancements | Fonville contends misapplication of § 2K2.1 and related enhancements | District court applied base level 20 (AK-47 capacity) and +2 for 3+ firearms per § 2K2.1 | Affirmed: Fonville did not contest key predicate facts; total offense level 30 upheld |
| Upward departure under § 4A1.3 and sentence reasonableness | Upward departure and 180-month sentence substantively unreasonable | District court found criminal history under-representative and risk of recidivism; considered § 3553(a) factors | Affirmed: upward departure not an abuse of discretion; 180-month sentence reasonable |
Key Cases Cited
- United States v. Beckman, 787 F.3d 466 (8th Cir. 2015) (standard of review for factual findings at sentencing and guideline application)
- United States v. Battle, 774 F.3d 504 (8th Cir. 2014) (constructive and joint possession can support § 922(g) liability)
- United States v. Brooks, 715 F.3d 1069 (8th Cir. 2013) (photographic/video evidence can support firearm-possession findings)
- United States v. Petruk, 836 F.3d 974 (8th Cir. 2016) (deference to district court on acceptance-of-responsibility factual findings)
- United States v. Outlaw, 720 F.3d 990 (8th Cir. 2013) (standard for abuse-of-discretion review of upward departures under § 4A1.3)
- United States v. Miller, 484 F.3d 968 (8th Cir. 2007) (upward departures appropriate where criminal history category under-represents recidivism risk)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (abuse-of-discretion standard for substantive-reasonableness review)