Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Criminal Law

: Defense Newsletter Blog

Martinez: Upholding Guideline Enhancement for Possessing Gun In Connection With Another Felony

By Tim Cone

ADVERTISEMENTS

In United States v. Martinez, No. 18-12950 (July 14, 2020) (Luck, William Pryor, Jill Pryor), the Court affirmed an enhancement under USSG 2K2.1(b)(6)(B) for unlawfully possessing a firearm with knowledge, intent, or reason to believe that it would be used or possessed in connection with another felony.The issue on appeal was whether the enhancement applied where the defendant plans to trade a gun for drugs in the future. The Court held that it does where the defendant ?knew, intended, or had reason to believe (rather than hoped, wished, or dreamed) the gun was going to be used to buy drugs, and the sale would have (rather than may or might have) happened but for the defendant?s arrest or something else getting in the way.? Because the district court in this case found that the defendant to trade his gun for a pound of drugs that he planned to sell, and that finding was not clearly erroneous, the Court upheld the enhancement.continue to full post

Full post as published by Defense Newsletter Blog on July 14, 2020 (boomark / email).