United States v. Clinton, No. 15-1346 (7th Cir. 2016)
Annotate this CaseMilwaukee officers, responding to a domestic violence call, spoke with the victim, who stated that Clinton sold cocaine and had a firearm that she had hidden under clothing. The officers searched, with her consent, and found a pistol under the clothing. Underneath the couch, they discovered 2.29 grams of cocaine base, a razor blade, baggies, and a digital scale. The following day, Clinton called an officer and admitted to possessing the gun. He was arrested and admitted that he owned the firearm and that he cooked and sold crack cocaine. Clinton pleaded guilty to possession of a firearm by a felon, 18 U.S.C. 922(g). The government dropped a charge of possession with intent to distribute a mixture and substance containing cocaine base, 21 U.S.C. 841(a)(1), and recommended a within-guidelines sentence. The Seventh Circuit vacated his 76-month sentence. Although it is possible that the “addict,” from whom Clinton admitted receiving the gun, conveyed the firearm in exchange for drugs, there was no evidence of that; speculation is insufficient to support a four‐level enhancement under U.S.S.G. 2K2.1(b)(6)(B). The court noted that that severe health conditions may be a mitigating circumstance that should be considered and that the court’s comments about the impact of the drug trade could “derail” a sentencing hearing.
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