United States v. Newton, 972 F.3d 18

Newton, a convicted felon, was arrested for being a felon in possession of a firearm after police found a loaded 9mm pistol hidden in a heating duct; DNA on the gun matched Newton and the ammunition matched casings found in his home.
In July 2016 searches, officers discovered a marijuana grow near Newton’s residence with at least 46 plants, two rifle stocks, and boxes of 9mm casings; a cell‑phone photo showed Newton aiming a gun inside the grow.
Newton previously had pled guilty (May 2013) to possessing ammunition after a misdemeanor domestic‑violence conviction and served prison and supervised release terms.
In July 2017 Newton pled guilty in federal court to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2).
The district court applied enhancements: +4 for possession of ≥8 firearms, +4 for possessing a firearm "in connection with" another felony (marijuana cultivation), and +2 for obstruction, raising the offense level to 32; guideline range exceeded the statutory maximum and the court imposed the statutory maximum 120 months.
Newton appealed only the four‑level §2K2.1(b)(6)(B) enhancement (firearm in connection with another felony). The First Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Newton committed "another felony offense" (marijuana cultivation)	Gov't: Evidence of multiple plots and ≥46 plants proves felony cultivation under 21 U.S.C. §841	Newton: Small‑patch/personal‑use cultivation should not be treated as a felony given changing norms	Court: Cultivation in any quantity violates §841(a)(1); evidence supports felony cultivation; enhancement may apply
Whether Newton possessed the firearm "in connection with" that felony	Gov't: Gun was found in close proximity to the grow and a photo shows Newton aiming a gun inside the grow, linking the firearm to the drug offense	Newton: Argued the connection was not established and challenged sufficiency of findings	Court: "In connection with" satisfied where firearm is found in close proximity to drugs and the photo supports the nexus; enhancement affirmed
Whether the district court made adequate sentencing findings	Gov't: District court made ultimate findings and stated reasons in open court	Newton: Claimed the court failed to make required subsidiary factual findings per Matthews	Court: Only ultimate findings required; §3553(c) statement and the court's findings were sufficient

United States v. Paneto, 661 F.3d 709 (1st Cir. 2011) (government bears burden by a preponderance for sentencing enhancements)
United States v. Matthews, 749 F.3d 99 (1st Cir. 2014) (describes the level of findings required at sentencing)
United States v. Oliveira, 907 F.3d 88 (1st Cir. 2018) (explains clear‑error review standard)
United States v. Cannon, 589 F.3d 514 (1st Cir. 2009) ("in connection with" satisfied when firearm is in close proximity to drugs)
United States v. Tracy, 36 F.3d 199 (1st Cir. 1994) (district courts need ultimate, not subsidiary, factual findings for enhancements)