United States v. Walker, No. 17-1680 (8th Cir. 2018)Annotate this Case
On remand from resentencing, the Eighth Circuit reversed the district court’s application of the USSG 2K2.1(b)(6)(B) sentencing enhancement for possessing a firearm in connection with another felony offense, and remanded with instructions to resentence defendant without the enhancement. The court explained that, because the other felony offense in this case was mere possession of drugs, the district court must affirmatively make a finding that the weapon facilitated the drug offense for the enhancement to apply.
The court held that the government failed to meet its burden to show more than a generalized connection or that the weapons were connected to a different felony offense. In this case, the resentencing record did not support the enhancement and it was clear error to find the firearm facilitated the possession where the weapons were in the trunk and the user quantity of cocaine was inside the car.