United States v. Eaden

The Fifth Circuit vacated defendant's sentence after he pleaded guilty to being a felon in possession of ammunition. The court held that the district court clearly erred by imposing a four-level sentencing enhancement pursuant to USSG 2k2.1(b)(6)(B) for using or possessing ammunition in connection with another felony offense.The court held that possession of ammunition alone, under appropriate circumstances not present here, certainly may be sufficient for the four-level enhancement. The court also held that there is no presumption of facilitation regarding the possession of only ammunition. In this case, the court held that the government produced no facts tending to show that defendant's mere possession of ammunition alone was connected with his drug trafficking activities, and thus the application of section 2k2.1(b)(6)(B)'s four-level enhancement was clear error. The court remanded for resentencing. View "United States v. Eaden" on Justia Law