United States v. West, No. 09-2860 (3d Cir. 2011)Annotate this Case
After being pulled over in February for a traffic violation, the defendant consented to a vehicle search. The officer found cash, marijuana, and guns. Five months later,during a fire code inspection of his girlfriend's apartment, the defendant was found sleeping in a room with a gun on the bureau. Money and drugs were also found. The defendant, convicted of possession of a stolen firearm (18 U.S.C. 922), challenged the district court’s application of a four-level enhancement to his sentence for possessing a firearm in connection with another felony offense. The Third Circuit vacated and remanded. The February and July incidents were not sufficiently similar or regular to be relevant for sentencing. The "sparse" evidence did not indicate that possession of the guns was related to possession of the marijuana.