United States v. Laquan Wilson
680 F. App'x 253
| 4th Cir. | 2017Background
- Laquan Marcell Wilson pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- District court applied a four-level Sentencing Guidelines enhancement under USSG § 2K2.1(b)(6)(B) for possession of a firearm "in connection with" another felony (drug offenses).
- At arrest, Wilson had a loaded, ready-to-fire firearm on his person.
- He also possessed five plastic baggies totaling 0.67 ounces of crack cocaine, six individually wrapped green pills, and three small marijuana cigarettes.
- Wilson argued the enhancement was improper because the drug possession did not amount to intent to distribute, so the firearm was not connected to a separate felony.
- The district court treated the drug possession as a felony given his criminal history and found the firearm facilitated or emboldened the drug offense; the court imposed an 84-month sentence.
Issues
| Issue | Plaintiff's Argument (Wilson) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(6)(B) enhancement applies | No evidence firearm was used/connected to drug distribution; only simple possession | Firearm was loaded, on person, found with drugs in close proximity; criminal history made possession a felony and firearm could facilitate/embolden trafficking | Enhancement affirmed — court reasonably inferred connection between firearm and drug offense |
| Standard of review for factual findings | N/A (argues clear error occurred) | District court factual findings should be upheld unless clearly erroneous | Reviewed for clear error; no clear error found |
| Whether mere presence of firearm is accidental/coincidental | Argues presence could be coincidental if no intent to distribute | Proximity to drugs and readiness of weapon rebut coincidence and show potential facilitation | Presence not accidental; enhancement proper |
| Procedural reasonableness of sentence | Sentence procedurally unreasonable due to Guidelines miscalculation | Guidelines calculation and enhancement were proper, making sentence reasonable | Sentence procedurally reasonable and affirmed |
Key Cases Cited
- United States v. Strieper, 666 F.3d 288 (4th Cir.) (standard for reviewing district court's factual determinations under clear-error review)
- United States v. Jenkins, 566 F.3d 160 (4th Cir.) (firearm in close proximity to drugs has potential to facilitate drug offenses; guides § 2K2.1(b)(6)(B) application)
- United States v. Blount, 337 F.3d 404 (4th Cir.) (enhancement inapplicable where firearm presence is accidental or coincidental)
- Gall v. United States, 552 U.S. 38 (Supreme Court) (abuse-of-discretion standard for reviewing sentence reasonableness)