United States v. Bankston, No. 18-14812 (11th Cir. 2019)
Annotate this CaseThe Eleventh Circuit vacated defendant's sentence for possessing a firearm as a felon, possessing body armor as a violent felon, and distributing methamphetamine. The court held that the district court plainly erred by applying a two-level sentencing enhancement under USSG 3B1.5 for "use" of body armor in the commission of a drug trafficking offense. The court explained that, although the presentencing report asserted that defendant's sale of body armor amounted to use as a means of bartering, selling is an activity that under both common usage and dictionary definition falls outside of bartering. Rather, "barter" means to trade goods or services without using money.
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