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?In Connection With Another Felony Offense? Enhancement Vacated for Lack of Findings

By Jonathan Byrne

US v. Bolden: Bolden was a guest at somebody else's home when he took a bad trip. He had "become paranoid after using drugs, placed two women in a 'bear hug,' and began shooting at shadows on the walls inside the home's rear bedroom." Police responded to reports of shots fired and Bolden was arrested. During a protective sweep, officers recovered two guns and small amounts of marijuana and crack cocaine. Bolden pleaded guilty to being a felon in possession of a firearm.  At sentencing, he argued against a four-level enhancement for possession in connection with another felony offense. The probation officer identified the other felony as kidnapping, based on Bolden's restraint of the two women. Bolden argued that the applicable kidnapping statute was a specific intent crime and his intoxication made it impossible to form the requisite intent...continue to full post

Full post as published by Fourth Circuit Blog on July 21, 2020 (boomark / email).