US v. Robert Cisson, No. 19-4031 (4th Cir. 2022)Annotate this Case
Defendant used counterfeit $20 bills to purchase a firearm and ammunition. A federal grand jury indicted Defendant on possession of a firearm and ammunition by a convicted felon and passing counterfeit money. Defendant subsequently pled guilty to possession of a firearm and ammunition by a convicted felon, and the government dismissed the other count.
At sentencing, the district court applied a sentencing enhancement under Section 2K2.1(b)(6)(B) of the Sentencing Guidelines based on the fact that used the firearm "in connection with another felony offense." The court then sentenced Defendant to sixty-two months’ imprisonment and three years of supervised release. Defendant appealed, challenging the application of the Section 2K2.1(b)(6)(B) enhancement, claiming he did not use the firearm in connection with the offense of passing counterfeit money.
The Fourth Circuit affirmed Defendant's sentence, determining that any error the district court may have committed, such error was harmless. The court noted that, in its opinion, the district court explained that, even without the enhancement, Defendant's sentence would have been the same.
The court also rejected Defendant's claims under United States v. Rogers, 961 F.3d 291 (4th Cir. 2020), finding that the presentence report put Defendant on notice that his sentence might include discretionary conditions of supervised release.