United States v. Shields, No. 10-5004 (6th Cir. 2011)
Annotate this CaseAfter officers saw him put a handgun in his waistband, defendant was arrested on the porch of a house. The officers found marijuana and cocaine on top of defendant's wallet, near where he was sitting. He pleaded guilty to being a felon in possession of a firearm 18 U.S.C. 922(g). A presentence report assigned a total offense level of 25 and a criminal history category of VI, and recommended between 110 and 120 months' imprisonment. Defendant objected to a four-level enhancement for possession of a firearm in connection with another felony (USSG 2K2.1(b)(6)), arguing that he did not possess drugs when he was arrested. The district court applied the enhancement and imposed a 108-month sentence. The Sixth Circuit vacated. The enhancement was unwarranted and the sentence was not procedurally reasonable. The drug possession was a felony rather than a misdemeanor only because of defendant's prior drug convictions. Although there was sufficient evidence to support the finding that he committed a felony under Tennessee law by possessing the drugs, the government did not sufficiently demonstrate that defendant's possession of a firearm facilitated, or had the potential to facilitate, his felony drug possession.
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