United States v. West
2011 U.S. App. LEXIS 8694
3rd Cir.2011Background
- West was convicted/facing sentencing for possession of a stolen firearm under 18 U.S.C. §922(j); district court imposed a four-level enhancement under U.S.S.G. § 2K2.1(b)(6) for possession of a firearm in connection with another felony.
- The district court relied on two events: (i) the February 28, 2007 traffic stop leading to possession of two firearms, cash, and marijuana; (ii) the July 27, 2007 residence incident yielding another firearm, cash, marijuana, and a box for a similar gun, with the gun later reported stolen.
- West pleaded guilty to possession of the stolen .38 revolver from February but did not admit ownership of the .45 from the glove compartment; he later pled guilty to an Information for possession of a stolen firearm and agreed that the February–July conduct would be treated as relevant conduct.
- At sentencing the court overruled West’s objections to the § 2K2.1(b)(6) enhancement, held that July 2007 conduct was relevant conduct for the February offense, and sentenced West to 120 months imprisonment.
- On appeal, West challenges whether the July incident was proper relevant conduct for the February offense and whether the four‑level enhancement under § 2K2.1(b)(6) was supported by the evidence; this court vacates the sentence and remands for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether July 2007 events were relevant conduct for the February offense. | West; the July events were not sufficiently related to February conduct to be relevant conduct. | West; the July events are not sufficiently linked to the February offense under § 1B1.3 to justify the enhancement. | July events not sufficiently related; relevant conduct reversed. |
| Whether § 2K2.1(b)(6) applies where the predicate offense is simple drug possession, not trafficking. | West; Application Note 14 requires a nexus showing the firearm facilitated or could facilitate the possession offense, not automatic application. | United States; proximity to drugs can support application for drug offenses under Note 14, including possession cases. | Requires showing the firearm facilitated or could facilitate the possession offense; 4-level enhancement reversed in this context. |
| What is the proper standard of proof and framework for determining relevant conduct under § 1B1.3. | West; preponderance applies but must show a substantial nexus or common scheme. | Government; guidelines allow broad construction of relevant conduct. | Court must assess common scheme/course of conduct with three-factor test; July conduct not sufficiently related. |
| Scope of review and interpretation of Guideline 2K2.1(b)(6) when facts are disputed. | West; factual findings insufficient to support the enhancement. | Government; enhancements supported by factual record. | Because required nexus/facilitating link not established, reversal of § 2K2.1(b)(6) is warranted. |
Key Cases Cited
- United States v. Grier, 475 F.3d 556 (3d Cir.2007 (en banc)) (preponderance standard; guidelines interpretation and clear error review; relevant conduct)
- United States v. Harrison, 357 F.3d 314 (3d Cir.2004) (jurisdiction to review sentences; guidelines application)
- United States v. Wilson, 106 F.3d 1140 (3d Cir.1997) (common scheme vs. course of conduct; factors for relatedness)
- United States v. Loney, 219 F.3d 281 (3d Cir.2000) (broad interpretation of 'in connection with'; caution against mere proximity)
- Smith v. United States, 508 U.S. 223 (Supreme Court) (limitations on firearm-drug nexus; not mere coincidence)
- United States v. Navarro, 476 F.3d 188 (3d Cir.2007) (4-level enhancement for drug-related predicate offenses; framework for nexus)
- United States v. Regans, 125 F.3d 685 (8th Cir.1997) (caution on applying enhancement when drug-offense facts are ambiguous)
- United States v. Gomez-Arrellano, 5 F.3d 464 (10th Cir.1993) (proximate proximity considerations for nexus)