United States v. Omari Sweat, 688 F. App'x 352

Defendant, a felon, was shot eight times and returned fire 22 times toward the assailants’ vehicle in a convenience-store parking lot near two bystanders (an adult and a child).
After firing, defendant discarded the firearm in a nearby trash can and gave a bag of cocaine to a passerby who attempted to assist him.
Police recovered the firearm from the trash can and learned defendant was prohibited from possessing firearms; defendant pleaded guilty to being a felon in possession, 18 U.S.C. § 922(g)(1).
The prosecution sought a four-level Guidelines enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possession “in connection with another felony,” alleging first-degree wanton endangerment and/or tampering with evidence (and distribution of cocaine).
The district court found defendant’s conduct met both first-degree wanton endangerment (K.R.S. § 508.060) and evidence tampering (K.R.S. § 524.100) standards, applied the four-level enhancement, and sentenced him to 71 months.
Defendant appealed only the enhancement; the Sixth Circuit affirmed, rejecting self-defense and insufficiency arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant possessed the firearm "in connection with" first-degree wanton endangerment supporting § 2K2.1(b)(6)(B) enhancement	Prosecution: firing 22 shots near bystanders displayed extreme indifference to human life, satisfying K.R.S. § 508.060	Defendant: he acted in self-defense and did not point the gun at bystanders; insufficient mens rea for first-degree wanton endangerment	Held: Affirmed — firing multiple shots in proximity to innocent persons satisfies first-degree wanton endangerment; self-defense unavailable where conduct creates risk to innocents.
Whether defendant’s disposal of the firearm supports an evidence-tampering predicate for § 2K2.1(b)(6)(B)	Prosecution: discarding the gun in a trash can was an act to conceal evidence and infer intent to impair availability/verity of evidence	Defendant: mere abandonment or leaving the scene does not necessarily show intent to conceal for tampering	Held: Affirmed — disposing of the gun in a trash can is an additional act from which intent to conceal can be inferred, supporting tampering.

Combs v. Commonwealth, 652 S.W.2d 859 (Ky. 1983) (upholding first-degree wanton endangerment where defendant fired multiple shots in proximity to bystanders)
Smith v. Commonwealth, 410 S.W.3d 160 (Ky. 2013) (affirming first-degree wanton endangerment convictions for firing toward occupied dwelling, demonstrating extreme indifference)
United States v. Kelley, [citation="585 F. App'x 310"] (6th Cir. 2014) (applying § 2K2.1(b)(6)(B) where defendant fired multiple shots near others)
McAtee v. Commonwealth, 413 S.W.3d 608 (Ky. 2013) (holding mere walking away with a gun is insufficient for tampering absent additional concealment acts)
Burdell v. Commonwealth, 990 S.W.2d 628 (Ky. 1999) (official commentary and precedent supporting tampering convictions for pre-proceeding concealment acts)
Wolford v. Commonwealth, 4 S.W.3d 534 (Ky. 1999) (circumstantial evidence may establish specific intent to conceal for tampering)