United States v. Trent Slone, 990 F.3d 568

Federal agents searched a South Bend, Indiana house and found two firearms, over 80 grams of methamphetamine, baggies, a digital scale, and paperwork in Trent Slone’s name in a basement apartment he had recently occupied.
Slone admitted past meth dealing (including gram-to-pound quantities and acting as a middleman) to agents; an informant and the house owner also testified about substantial drug transactions involving Slone.
Slone was tried and acquitted of possession with intent to distribute the 80 grams of meth but convicted of being a felon in possession of firearms; the district court added two levels for obstruction and a four-level enhancement under U.S.S.G. §2K2.1(b)(6)(B) for possessing firearms "in connection with" drug trafficking.
The district court relied on the proximity of guns to dealer-quantity meth and paraphernalia, Slone’s admissions, informant testimony, and the inference that guns available in his living space could have protected or facilitated trafficking.
The court also stated that, even without the four-level enhancement (which would have lowered the guideline range), it would impose the same 41-month sentence after weighing 18 U.S.C. §3553(a) factors.
The Seventh Circuit affirmed, holding the district court did not clearly err in finding a connection and that any error in applying the enhancement would be harmless given the §3553(a) analysis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the §2K2.1(b)(6)(B) four-level enhancement applies where defendant was acquitted of the related drug charge	Slone: enhancement improper because acquittal and lack of evidence tying the guns to the 80g of meth or to his trafficking; he had moved out before the raid	Gov’t: sentencing courts may consider acquitted conduct by preponderance; proximity, admissions, informant testimony, and paraphernalia show guns were connected and could facilitate trafficking	Affirmed: district court did not clearly err; preponderance of evidence supports enhancement; any error harmless because court would have imposed same sentence under §3553(a)

Watts v. United States, 519 U.S. 148 (1997) (sentencing courts may consider acquitted conduct if proved by a preponderance)
Clinton, 825 F.3d 809 (7th Cir. 2016) (presumption supports enhancement when guns are in close proximity to drugs or paraphernalia)
Molina-Martinez v. United States, 136 S. Ct. 1338 (2016) (harmless-error analysis when Guidelines range is misstated)
Snyder, 865 F.3d 490 (7th Cir. 2017) (collecting cases on harmlessness of Guidelines errors)
Holton, 873 F.3d 589 (7th Cir. 2017) (reaffirming consideration of acquitted conduct under Watts)
Waltower, 643 F.3d 572 (7th Cir. 2011) (gun need not be used in a sale; availability can have potential to facilitate trafficking)
LePage, 477 F.3d 485 (7th Cir. 2007) (reasonable to infer guns protect or embolden a drug enterprise)