U.S. v. Jones

In prosecution on charge of distribution of 50 or more grams of methamphetamine, Dist. Ct. erred in sentencing defendant to 135-month term of incarceration that was based, in part, on two-level enhancement under section 2D1.1(b)(1) of USSG for possession of firearm in relation to charged drug offense. While Dist. Ct. found that another individual's possession of firearm during specific drug transaction satisfied requirements for enhancement under circumstances, where defendant was seated in vehicle in which drug transaction occurred, record showed that no one in vehicle had possessed firearm during said transaction. As such, enhancement was improper, because there must be actual possession of firearm during transaction for enhancement to apply. Fact that there was testimony that one participant in vehicle regularly carried firearm during drug transactions did not support imposition of enhancement under instant record. (Dissent filed.)