United States v. Bishop, No. 17-15473 (11th Cir. 2019)
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The mere proximity between a firearm and drug possessed for personal use could not support a USSG 2K2.1(b)(6)(B) enhancement without a finding that the gun facilitated or had the potential to facilitate the defendant's drug possession. Defendant appealed his conviction and sentence after he conditionally pleaded guilty to knowingly possessing a firearm as a convicted felon. The Eleventh Circuit reversed the district court's application of a four-level sentencing enhancement under USSG 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony. In this case, the district court applied the enhancement based solely on the proximity between the firearm and a hydromorphone pill. The court held that the district court erred by applying the enhancement without finding that the firearm facilitated, or had the potential of facilitating defendant's possession of the pill.
However, the court affirmed the denial of defendant's motion to suppress and held that, in light of the totality of the circumstances, defendant's known criminal history, non-compliance, argumentativeness, and nervous, agitated behavior following lawful orders to exit the truck would cause a reasonably prudent officer in the circumstances to believe that his safety or that of his fellow officers was in danger. The court also affirmed the denial of defendant's application of an enhanced base offense level under USSG 2K2.1(a)(3), because his prior Florida conviction for drug conspiracy was a predicate controlled substance offense under the Guidelines.
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