United States v. Brockman, No. 18-1187 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not clearly err by imposing a four-level sentencing enhancement under USSG 2K2.1(b)(6)(B) for possessing the firearm in connection with the felony offense of drug trafficking. In this case, the weight and packaging of the marijuana, combined with defendant's statements and his firearm possession, constitute sufficient evidence to support the district court's conclusion that he committed the felony offense of drug trafficking. Furthermore, the firearm was found in close proximity to the drugs. The court also held that the district court did not err by denying defendant a third level reduction for acceptance of responsibility.
Court Description: Smith, Author, with Wollman and Grasz, Circuit Judges] Criminal case - Sentencing. No error in imposing an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possessing the weapon in question in connection with the felony offense of possessing marijuana with intent to distribute; the government did not improperly withhold its motion for a third level reduction for acceptance of responsibility.
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