United States Eighth Circuit

A sentence for being a felon and an unlawful user of methamphetamine in possession of firearms and ammunition, and knowingly and intentionally possessing methamphetamine, is reversed and remanded where: 1) the circuit court rejects a conclusion that the mere presence of drug residue, i.e., a de minimis amount of drugs, and firearms alone is sufficient to prove the "in connection with" requirement of U.S.S.G. section 2K2.1(b)(6) when the "felony offense" is drug possession; 2) whether a firearm "facilitated, or had the potential of facilitating" a felony offense of drug possession must be determined based on the facts of each individual case; and 3) in this case, the record did not support such a finding.

Appellate Information

• Decided 07/30/2008
• Published 07/30/2008

Judges

• MELLOY, Circuit Judge., Before MELLOY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Randall D. Eggert, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, Richard E. Monroe, Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.