United States v. Crump, No. 21-6160 (6th Cir. 2023)
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Responding to a “shots fired” call, officers arrived at an apartment, finding blood on the walls, bullet holes in the TV, broken glass, and items scattered everywhere. Crump, who was incoherent and wearing only a towel, was the only person inside. A protective sweep and subsequent search led the police to find two guns, ammunition, drugs (870 grams of marijuana packaged for resale and 27.3 grams of crack cocaine), drug paraphernalia, burner phones with messages about drugs and guns, and several documents bearing Crump’s name. After his arrest, Crump said on recorded phone calls that he had fired a gun and wanted to get back to drug trafficking.
Crump was convicted of possessing a firearm and ammunition as a felon (18 U.S.C. 922(g)(1) and 924). His PSR calculated Crump’s guidelines range as 262-327, based on the conclusions that Crump qualified as an armed career criminal under 18 U.S.C. 924(e) and possessed a firearm in connection with a controlled substance offense. The court imposed a 210-month sentence. The Sixth Circuit affirmed. There were guns in the apartment, and a rational juror could have found that Crump possessed each of them. The district court properly gave instructions on both actual and constructive possession. The court upheld a finding that Crump possessed the guns and ammunition “in connection with” a controlled substance offense and upheld his sentence as reasonable.
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