United States v. William Robison, 2014 U.S. App. LEXIS 13815

On April 18, 2012, officers responded to a report of a shot fired at Laura Fluke’s home after her boyfriend, Shane Manley, assaulted her on the front porch.
Eighteen-year-old William Robison retrieved a 9‑mm handgun from an upstairs bedroom, went into the living room where the altercation continued, and fired one shot into the wall above a couch where people were lying.
Police recovered the 9‑mm handgun (with an obliterated serial number), a 12‑gauge shotgun with a sawed‑off barrel, and ammunition in Robison’s bedroom.
Robison pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1).
At sentencing the district court applied a 4‑level enhancement under USSG § 2K2.1(b)(6) for possession in connection with another felony (intimidation with a dangerous weapon and reckless use of a firearm), plus other enhancements for the sawed‑off shotgun and obliterated serial number, producing a guidelines range of 87–108 months and a 108‑month sentence.
Robison appealed the 4‑level enhancement (arguing justification/self‑defense) and the substantive reasonableness of his within‑guidelines sentence.

Issue	Robison's Argument	Government's Argument	Held
Whether Robison possessed the firearm "in connection with" another felony (i.e., whether another felony occurred)	Robison conceded elements but asserted justification (self‑defense) as an affirmative defense; argued record did not disprove threat at the moment he fired	Government argued Robison committed intimidation with a dangerous weapon and reckless use of a firearm and disproved justification by showing alternatives and unreasonableness of force	Court affirmed: no clear error — justification negated because Manley was unarmed, Fluke had no visible injuries, and less‑drastic alternatives existed, so enhancement proper
Whether the 108‑month sentence was substantively unreasonable	Argued sentence excessive given age, family, and cumulative enhancements	Government and district court emphasized danger of firing into occupied room, possession of sawed‑off shotgun, criminal history, and drug use	Court affirmed: within‑guidelines sentence is presumptively reasonable and district court did not abuse discretion in weighing factors

Mosley v. United States, 672 F.3d 586 (8th Cir. 2012) (standard of review for factual finding whether possession was "in connection with" another felony)
Thomas v. United States, 565 F.3d 438 (8th Cir. 2009) (government bears burden to prove commission of another felony by a preponderance)
Raglin v. United States, 500 F.3d 675 (8th Cir. 2007) (when affirmative defense is supported by facts, government must negate it by a preponderance)
Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing substantive reasonableness of a sentence; deferential abuse‑of‑discretion review)
Godsey v. United States, 690 F.3d 906 (8th Cir. 2012) (within‑guidelines sentence is presumptively substantively reasonable)
Kreitinger v. United States, 576 F.3d 500 (8th Cir. 2009) (abuse of discretion occurs if court fails to consider relevant factors or plainly misweights them)
Miner v. United States, 544 F.3d 930 (8th Cir. 2008) (principles for weighing sentencing factors and abuse‑of‑discretion review)