United States v. Phillip Powell
17-10650
| 11th Cir. | Dec 4, 2017Background
- Powell was arrested at his home with 34.16 grams of methamphetamine and $450 on his person after police executed a search warrant.
- Officers found four handguns, ammunition, magazines, digital scales, and marijuana on a table where Powell and Joshua James were seated.
- Powell admitted touching more than one gun and said James owned the guns and had brought them over; Powell admitted selling the methamphetamine.
- The PSR applied a two-level enhancement under USSG § 2D1.1(b)(1) for possession of a firearm in connection with a drug offense; Powell objected.
- The district court overruled the objection, finding by a preponderance of the evidence that Powell constructively possessed the firearms and that the firearms were connected to the drug offense.
- Powell appealed his 52-month sentence challenging the § 2D1.1(b)(1) enhancement; the Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2D1.1(b)(1) enhancement applies when a firearm is "present" but not shown to be possessed | Powell: Guideline text requires actual or constructive possession; presence ≠ possession, and government failed to prove possession | Government/District Court: Constructive possession exists where defendant controlled premises and touched guns | Held: Constructive possession proven by guns on table in Powell's home and his admission to touching them; enhancement applies |
| Whether weapons were "connected with" the drug offense under Application Note 11 | Powell: Connection was "clearly improbable"; guns belonged to James and merely present | Government: Proximity of guns to drugs, scales, and cash suffices to establish connection and shifts burden to defendant | Held: Proximity plus context (tools of trade) was sufficient; Powell failed to show connection was clearly improbable |
Key Cases Cited
- United States v. Villarreal, 613 F.3d 1344 (11th Cir.) (constructive possession where defendant controlled premises containing firearms)
- United States v. Hall, 46 F.3d 62 (11th Cir.) (constructive possession suffices for § 2D1.1(b)(1) enhancement)
- United States v. Carillo-Ayala, 713 F.3d 82 (11th Cir.) (proximity between guns and drugs can meet government's initial burden for connection)
- United States v. Stallings, 463 F.3d 1218 (11th Cir.) (defendant must show connection is clearly improbable to avoid enhancement)