United States v. Matthew Lassiter
696 F. App'x 627
4th Cir.2017Background
- Matthew F. Lassiter pled guilty (no plea agreement) to possession of marijuana and being a felon in possession of a firearm.
- At arrest he had 75.2 grams of marijuana split into three small bags and an electronic scale on his person; police found a loaded firearm in his coat.
- 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 trafficking).
- Lassiter did not object to the enhancement at sentencing; appellate review therefore was for plain error.
- The district court imposed a 58-month prison sentence (within the Guidelines range); Lassiter appealed challenging the enhancement and the substantive reasonableness of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §2K2.1(b)(6)(B) enhancement applies | Enhancement improper because firearm not connected to drug offense | Firearm was present for protection/emboldening and found in coat near drug paraphernalia and packaged marijuana | Enhancement did not plainly err — applied correctly |
| Whether loaded firearm in coat was more than coincidence | Lassiter argued mere coincidence | Government argued proximity to drugs/scale supports connection | Court held proximity and paraphernalia support connection |
| Whether 58-month sentence was substantively unreasonable | Lassiter argued sentence excessive given mitigating factors | Government argued record, criminal history, and recidivism justify within-Guidelines sentence | Court affirmed as not an abuse of discretion |
| Standard of review on enhancement | Lassiter challenged enhancement on appeal | Government noted failure to object below; plain error review applies | Court applied plain-error review and found no reversible error |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (establishes deferential abuse-of-discretion review for sentences)
- United States v. White, 810 F.3d 212 (within-Guidelines sentences presumptively reasonable)
- United States v. Carter, 564 F.3d 325 (examples of procedural sentencing error)
- United States v. McKenzie-Gude, 671 F.3d 452 (firearm present for protection/emboldening satisfies connection)
- United States v. Jenkins, 566 F.3d 160 (firearm present due to mere accident or coincidence does not satisfy enhancement)
- United States v. Robinson, 627 F.3d 941 (digital scales are drug paraphernalia)
- United States v. Meshack, 225 F.3d 556 (multiple small packages of marijuana consistent with distribution)
- United States v. Cotton, 535 U.S. 625 (cited in discussion of precedent)
- United States v. Garcia-Lagunas, 835 F.3d 479 (plain-error review when defendant fails to object below)