594 F. App'x 802
4th Cir.2014Background
- Woods pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- At sentencing, the district court applied a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony offense (possession with intent to distribute cocaine).
- Police found a loaded 9 mm Beretta and cocaine in Woods’s clothing at a Myrtle Beach bar after receiving a tip that a customer had a gun.
- Woods objected in the PSR to the enhancement, arguing the government could not show the gun was possessed in connection with another felony offense.
- The district court overruled Woods’s objection, concluding the firearm facilitated or had the potential to facilitate the other felony offense, and Woods appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(6)(B) was properly applied. | Woods argued no connection between gun and other felony. | Government maintained firearm facilitated the other felony. | Yes, the enhancement applied. |
Key Cases Cited
- United States v. Jenkins, 566 F.3d 160 (4th Cir. 2009) (guidelines on firearm in connection with another felony)
- United States v. Blount, 337 F.3d 404 (4th Cir. 2003) (facilitation requires more than mere coincidence)
- United States v. Lipford, 203 F.3d 259 (4th Cir. 2000) (firearm present for protection or to embolden the actor)
- United States v. Justice, 679 F.3d 1251 (10th Cir. 2012) (possession of firearm may embolden drug-related activity)