Sarasota Criminal Attorney Blog
In federal criminal sentencing, enhancements under the United States Sentencing Guidelines can significantly increase a defendant’s prison term, especially when firearms are involved in drug-related offenses. For example, courts may impose an enhancement if they find a defendant possessed a firearm “in connection with” another felony offense. As discussed in a recent Florida ruling, this guideline provision is not ambiguous and does not require courts to defer to agency commentary unless specific criteria are met. If you are facing federal charges involving firearms or drugs, a knowledgeable Sarasota criminal defense attorney can help you understand what steps you can take to protect your rights.
Factual and Procedural Setting
It is reported that the defendant pleaded guilty to possessing a firearm and ammunition as a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The conviction stemmed from an August 2022 incident in Fort Myers, Florida, where detectives observed the defendant engaging in suspected hand-to-hand drug transactions while wearing a cross-body bag. After following the vehicle he entered, officers conducted a traffic stop and searched the car.
It is alleged that during the search, law enforcement officers discovered a firearm and ammunition inside the cross-body bag the defendant had been seen wearing. They also recovered a separate bag in the backseat containing approximately 15 grams of fentanyl and other controlled substances. A presentence investigation report (PSI) recommended a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B), asserting that the firearm was possessed “in connection with” a drug trafficking offense.
It is further reported that the defendant objected to the enhancement, arguing that the Sentencing Guidelines’ phrase “in connection with” was ambiguous and that the district court improperly relied on the guideline commentary, which states that such an enhancement is warranted when a firearm is found in close proximity to drugs. The district court overruled the objection, applied the enhancement, and sentenced the defendant to 92 months in prison. The defendant appealed, challenging both the interpretation of the guideline and the court’s reliance on commentary.
Sentencing Enhancements in Florida Drug Crime Cases
On appeal, the court affirmed the district court’s decision, concluding that the enhancement was properly applied. The court reviewed the interpretation of the guideline de novo and found no ambiguity in the phrase “in connection with.” The court explained that the phrase must be understood in its ordinary meaning, which includes any contextual, causal, or logical relationship between the firearm and the other offense.
The court emphasized that the key inquiry under § 2K2.1(b)(6)(B) is whether the firearm had the potential to facilitate the other felony offense. In this case, the evidence showed that the defendant was carrying the firearm while engaging in activity consistent with drug trafficking, and the drugs were found within close proximity to the weapon in a small vehicle. The court credited testimony and body camera footage indicating that the defendant brought the drugs and firearm into the vehicle and had control over the items during the stop.
The court also addressed whether deference to the Sentencing Commission’s commentary was necessary. Under prevailing case law, deference to an agency’s interpretation is warranted only if the regulation is genuinely ambiguous after applying traditional tools of statutory interpretation. Here, the court held that the guideline was not ambiguous, and thus, the commentary did not control the court’s interpretation.
Contact a Skilled Sarasota Criminal Defense Attorney Today
When federal charges involve firearms and drugs, the stakes are high, and sentencing enhancements can dramatically increase prison time. If you are charged with a federal weapons or drug offense, the experienced Sarasota criminal defense attorneys at Hanlon Law can develop compelling arguments on your behalf, to help you fight for a favorable outcome. Contact our Sarasota office at (941) 462-1789 or reach out online to schedule a confidential consultation.