United States First Circuit

In this single-issue sentencing appeal, defendant argues that the district court erred when it imposed a two-level sentencing enhancement reflecting the possession of dangerous weapon during a drug-trafficking conspiracy. The judgment is affirmed, where: 1) although the record contains no evidence that defendant himself ever carried a firearm, that kind of proof is not essential for a weapons enhancement under U.S.S.G. section 2D1.1(b)(1); 2) the enhancement may be based on a finding that defendant reasonably could have foreseen firearms possession by others during the conspiracy; and 3) such a finding may be premised on circumstantial evidence, and the circumstantial evidence here is sufficient to warrant application of the enhancement.

Appellate Information

• Decided 02/13/2015
• Published 02/13/2015

Judges

• Selya

Court

• United States First Circuit

Counsel