United States v. Foote
United States v. Foote
Opinion of the Court
OPINION
Stanley Foote pleaded guilty, pursuant to a written plea agreement, to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The United States District Court for the District of New Jersey sentenced him to, inter alia, 110 months of imprisonment. This timely appeal followed.
Foote contends that the District Court committed legal and factual error in applying a four-level sentencing enhancement under United States Sentencing Guideline § 2K2.1 (b)(6).
“Proper application of the four-level enhancement under § 2K2.1(b)(6) requires finding, by a preponderance of the evidence,” that the defendant transferred a firearm with a reason to believe that it would be used or possessed in connection with another felony offense. United States v. West, 643 F.3d 102, 110 (3d Cir. 2011). After consideration of the record, we conclude that the District Court properly applied this enhancement. It did not, contrary to Foote’s assertion, shift the burden to Foote to disprove the applicability of the enhancement. Its questions were simply part of its exchange with counsel prior to ruling on Foote’s objection to the enhancement.
Nor are we persuaded that the District Court committed clear error. Foote did
We will affirm the judgment of the District Court.
. The District Court exercised jurisdiction under 18 U.S.C. § 3231. We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291.
. Section 2K2.1(b)(6) provides for a four-level enhancement “[i]f the defendant ... transferred any firearm ... with knowledge, intent, or reason to believe that it would be used or possessed in-connection with another felony offensef.]” U.S.S.G. § 2K2.1(b)(6).
Reference
- Full Case Name
- United States v. Stanley FOOTE, also known as Murder, Stanley Foote
- Status
- Published