911 F.3d 903
8th Cir.2018Background
- Mathis, a felon with an extensive criminal history, picked up 15-year-old K.G. after meeting him online and brought him to Mathis's home; K.G. was reported missing and later located.
- Investigators found K.G. at Mathis's house after pinging his phone; roommate Wanda Gott admitted knowing K.G. was there and that he was a runaway and reported placing dogs to block K.G.'s bedroom door.
- K.G. reported guns in the house and claimed Mathis threatened him with a gun; a rifle matching K.G.'s description was found near the front entrance during a search.
- State charges for harboring a runaway and firearm possession were dismissed; Mathis pleaded guilty in federal court to being a felon in possession of a firearm and was initially sentenced, reversed by the Supreme Court, and remanded for resentencing.
- At resentencing the PSR recommended a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possession of a firearm in connection with another felony (harboring a runaway); the district court applied the enhancement and imposed an 80-month sentence (upward variance from a 57–71 mo. Guidelines range).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mathis harbored a runaway such that the § 2K2.1(b)(6) enhancement may apply | Mathis: Court erred; he did not knowingly harbor a runaway | Government: Evidence (Gott, K.G., officers, PSR) shows Mathis knew K.G. was a runaway/minor and provided shelter | Court: No clear error; preponderance of evidence supported finding he harbored a runaway |
| Whether Mathis used/possessed a firearm in connection with harboring to trigger § 2K2.1(b)(6)(B) | Mathis: Firearm presence was coincidental; no facilitation of another felony | Government: Gun was accessible/intimidating and facilitated control over K.G.; officers corroborated K.G.'s statements | Court: No clear error; firearm presence and circumstances supported inference it facilitated the offense; enhancement proper |
| Whether the upward variance to 80 months was reasonable | Mathis: Variance improperly based on unproven allegations and double-counted criminal history | Government: Variance justified by defendant's extensive criminal history and threat to public | Court: Variance within discretion; district court may consider § 3553(a) factors and facts proven by preponderance; sentence affirmed |
Key Cases Cited
- United States v. Littrell, 557 F.3d 616 (8th Cir. 2009) (district court must find by a preponderance that another felony occurred and that firearm facilitated it)
- United States v. Mangum, 625 F.3d 466 (8th Cir. 2010) (firearm present by mere accident does not trigger enhancement; accessible firearms may be inferred to embolden defendant)
- United States v. Guiheen, 594 F.3d 589 (8th Cir. 2010) (discussing inference when a firearm is kept in an easily accessible location)
- United States v. Woods, 596 F.3d 445 (8th Cir. 2010) (review for clear error and deference to district court credibility determinations)
- United States v. Battle, 774 F.3d 504 (8th Cir. 2014) (district court may fact-find at sentencing and receives deference on credibility)
- Gall v. United States, 552 U.S. 38 (2007) (Guidelines are advisory; appellate courts may not presume outside-Guidelines sentences unreasonable)
- United States v. Thorne, 896 F.3d 861 (8th Cir. 2018) (extraordinary circumstances not required to justify variance; court may consider facts proven by a preponderance)
- United States v. Mathis, 786 F.3d 1068 (8th Cir. 2015) (prior appeal affirmed original sentence)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (Supreme Court reversed and remanded for resentencing)
- United States v. Mathis, 832 F.3d 876 (8th Cir. 2016) (remand decision following Supreme Court reversal)