United States v. Patrick Mitchell, 78 F.4th 661

On March 29, 2021, officers found Patrick Mitchell slumped over in his car (engine running) with a loaded, stolen handgun in his right hand and flashing police lights nearby.
Officers removed the gun while Mitchell was unconscious; after being roused and announced to be police, Mitchell twice punched Officer Jones in the face; officers tased and removed him.
A small plastic baggie containing ~3 grams of cocaine was recovered from Mitchell’s pants pocket; Mitchell later admitted possession of both gun and cocaine.
Mitchell pled guilty to possession of a firearm by a felon (18 U.S.C. § 922(g)(1)); the PSR applied enhancements: +2 for stolen firearm, +4 under U.S.S.G. § 2K2.1(b)(6)(B) (firearm in connection with another felony—possession of cocaine), and +6 under U.S.S.G. § 3A1.2(c)(1) (assault on a law enforcement officer creating substantial risk of serious bodily injury).
The district court adopted the PSR findings, overruled Mitchell’s objections, applied both contested enhancements, and sentenced him to 84 months’ imprisonment.
On appeal the Fourth Circuit affirmed the +6 official‑victim enhancement but vacated the +4 firearm‑in‑connection enhancement because the district court failed to make an express facilitation finding and the record did not make that finding "so obvious." The case was remanded for resentencing on that issue.

Issue	Plaintiff's Argument (Mitchell)	Defendant's Argument (Gov’t)	Held
Whether § 3A1.2(c)(1) six‑level enhancement applies for knowingly assaulting a law‑enforcement officer in a manner creating substantial risk of serious bodily injury	Mitchell was incoherent/intoxicated and struck reflexively, so lacked requisite intent and did not create substantial risk	Multiple uniformed officers and flashing lights in view; Mitchell punched an officer multiple times after being awakened and told police were present — satisfies assault, knowledge, and risk elements	Affirmed: district court’s findings support § 3A1.2(c)(1) (no clear error)
Whether § 2K2.1(b)(6)(B) four‑level enhancement applies for possessing a firearm in connection with felony drug possession	No showing the firearm facilitated or had the potential to facilitate the simple drug possession; district court made no express facilitation finding	Gun and cocaine were both on Mitchell’s person contemporaneously in public at night; firearm could have been present to embolden/protect drug possession	Vacated and remanded: district court procedurally erred by not making an express facilitation finding; record not "so obvious" to supply that finding on appeal

Gall v. United States, 552 U.S. 38 (sets review framework for reasonableness of sentences and requires no significant procedural error)
United States v. Hampton, 628 F.3d 654 (interpreting "assault" and holding battery of an officer satisfies § 3A1.2 assault element)
United States v. Jenkins, 566 F.3d 160 (firearm "present for protection or to embolden" can satisfy facilitation under § 2K2.1)
United States v. Bolden, 964 F.3d 283 (when district court fails to make required findings, appellate court may affirm only if the element is "so obvious" from the record)
United States v. Blount, 337 F.3d 404 (explaining elements of § 2K2.1(b)(6)(B))
United States v. Adepoju, 756 F.3d 250 (Government must prove sentencing enhancements by a preponderance of the evidence)
United States v. Wilkinson, 590 F.3d 259 (district court must place an individualized assessment on the record to permit meaningful appellate review)
United States v. Delis, 558 F.3d 177 (discussing battery and common‑law definitions relevant to § 3A1.2)
United States v. Alexander, 712 F.3d 977 (two punches to an officer can support the official‑victim enhancement; not every fist swing qualifies)
United States v. Pruitt, 999 F.3d 1017 (actual injury not required for § 3A1.2; vacatur where district court failed to make requisite factual findings)