Dist. Ct. did not err in sentencing defendant on charges of conspiracy to possess cocaine with intent to distribute and possession of firearm as felon, where said sentence on felon in possession charge was based in part on enhancement under section 2K2.1(b)(6)(B) of USSG on ground that defendant possessed handgun “in connection with” charged cocaine conspiracy. While defendant objected to imposition of enhancement because jury had found him not guilty on charge of possession of firearm in furtherance of said cocaine conspiracy, Ct. of Appeals held that: (1) Dist. Ct. could use acquitted conduct to enhance defendant’s sentence; and (2) Dist. Ct. could properly impose enhancement, where Dist. Ct. found that defendant had volunteered to provide security for another individual for prospective drug deal and brought loaded firearm for said purpose.
Federal 7th Circuit Court
Criminal Court
Sentencing