United States v. McCowan, 21-8035

McCowan (a felon) drove others to an apartment to sell what he later said was baking soda represented as cocaine; others brought a handgun and pepper spray. A shooting occurred and participants fled.
McCowan helped the wounded shooter (Lieurance), accepted Lieurance’s handgun, hid it in his freezer, and kept it for two days; law enforcement recovered the gun in his freezer.
A federal grand jury indicted McCowan for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1); he pled guilty.
The PSR recommended a four‑level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) (firearm possession "in connection with" another felony), treating the gun as connected to a drug offense and as accessory-after-the-fact to aggravated assault; McCowan objected.
The district court applied the enhancement primarily on the drug‑offense theory (finding the gun facilitated or had the potential to facilitate the drug transaction and that McCowan’s receipt/hiding/continued possession were part of the same course of conduct), resulting in a 37‑month sentence.
On appeal, McCowan challenged the § 2K2.1(b)(6)(B) enhancement; the Tenth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McCowan “used or possessed” the firearm "in connection with" another felony under U.S.S.G. § 2K2.1(b)(6)(B)	The government: the gun facilitated (or had the potential to facilitate) a drug offense and supported accessory‑after‑the‑fact theories; relevant‑conduct rules tie Lieurance’s conduct to McCowan.	McCowan: he only possessed the gun after the deal; the shooting may have been self‑defense/no felony; thus no connection to another felony.	Affirmed: the firearm had the potential to facilitate the drug offense; receipt/hiding/continued possession were relevant conduct and satisfied the "in connection with" element by preponderance.

United States v. Marrufo, 661 F.3d 1204 (10th Cir. 2011) (sets out the three‑element framework for § 2K2.1(b)(6)(B))
United States v. Gambino‑Zavala, 539 F.3d 1221 (10th Cir. 2008) (firearm at a drug deal can facilitate protection of drugs and thus facilitate trafficking)
United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (weapon may serve as a potentially deadly means of protecting a trafficker’s goods)
United States v. Bunner, 134 F.3d 1000 (10th Cir. 1998) (handguns are commonly a tool of the drug‑dealer trade)
United States v. Morris, 562 F.3d 1131 (10th Cir. 2009) (application notes to a guideline are controlling unless they plainly depart from the guideline)
United States v. Stein, 985 F.3d 1254 (10th Cir.) (standards of review: law de novo, facts for clear error)