United States v. Richard Sneed
2014 U.S. App. LEXIS 2161
| 8th Cir. | 2014Background
- Sneed pled guilty to felon in possession of a firearm and unlawful drug user in possession of a firearm (18 U.S.C. §§ 922(g)(1), 922(g)(3), 924(a)(2)).
- PSR recites a chase in which a backpack containing a .38 revolver, 12 syringes, and a digital scale was recovered; 2.17 grams of methamphetamine found in Sneed’s pocket; Sneed admitted using meth and heroin.
- District court applied a four-level enhancement under § 2K2.1(b)(6)(B) for possession of a firearm in connection with another felony offense, based on a drug possession offense.
- Court emphasized the firearm was unloaded and there was no ammunition, but concluded it could have facilitated the drug offense and noted a “facilitate” standard.
- The advisory range exceeded the statutory maximum for the drug-possession offense, so the court imposed the statutory maximum 120 months.
- On appeal, Sneed contends (i) the court failed to make a specific facilitating-finding, and (ii) the record failed to show the firearm was connected to the meth possession offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by not expressly finding the firearm facilitated the meth possession. | Sneed: no explicit facilitation finding. | Sneed: district court must explicitly apply the facilitating standard. | No legal error; explicit finding not required though encouraged. |
| Whether the evidence supports that the firearm was connected to the meth possession offense. | Sneed: firearm and drugs were separate locations and gun unloaded. | Sneed: record shows probative linkage via public possession with drugs. | Record supports connection; no clear error. |
Key Cases Cited
- United States v. Fuentes Torres, 529 F.3d 825 (8th Cir. 2008) (clarifies 2K2.1(b)(6)(B) note 14(A) standard for drug possession offenses)
- United States v. Regans, 125 F.3d 685 (8th Cir. 1997) (explains application of note 14(A) in connecting firearm to another felony)
- United States v. Blankenship, 552 F.3d 703 (8th Cir. 2009) (cautionary on requiring explicit facilitating finding)
- United States v. Dalton, 557 F.3d 586 (8th Cir. 2009) (discusses nexus approach to 2K2.1(b)(6) where record shows but not explicit "facilitate")
- United States v. Swanson, 610 F.3d 1005 (8th Cir. 2010) (illustrates public-possession scenario for connection finding)