United States v. Michael John Walker
Opinion
This case returns to us after resentencing. In the previous appeal, we vacated and remanded for reconsideration of whether Michael Walker, who was convicted of being a felon in possession of a firearm, qualified as an armed career criminal.
See
United States v. Walker
,
Walker was arrested while driving a vehicle in Minneapolis. In the trunk of the vehicle was a shotgun and ammunition. On the floorboard of the passenger compartment was a small amount of crack cocaine. It is not clear whether the cocaine belonged to Walker, who was driving, or his passenger (who, during a subsequent search, was found to be hiding marijuana). The government concedes that it was only a user amount of cocaine; there is no suggestion that Walker was involved in drug distribution. Valuables found in the passenger compartment of the car were later linked to a burglary. The government introduced evidence that Walker had purchased ammunition for the shotgun, but no evidence of how Walker had used the firearm, if at all.
The Guidelines provide for a 4-level enhancement "[i]f the defendant ... used or possessed any firearm or ammunition
in connection with
another felony offense
...." USSG § 2K2.1(b)(6)(B) (emphasis added). Application note 14(A) explains that the enhancement applies "if the firearm or ammunition
facilitated, or had the potential of facilitating
, another felony offense."
But here, the other felony offense is mere possession of drugs, and the Guidelines "treat drug trafficking offenses and drug possession offenses differently" for the purposes of the enhancement.
United States v. Fuentes Torres
,
The resentencing record does not support the enhancement. The shotgun was locked in the trunk of Walker's vehicle, and there is no evidence he could access it, or had used it at all. The user quantity of cocaine was found in the passenger compartment, on the floorboard. The government offered no evidence to link the cocaine inside the car to the shotgun in the trunk. And there was no direct evidence presented that it was Walker, and not his passenger, who possessed the cocaine. On these facts, it was clear error to find that the firearm facilitated, or had the potential to facilitate, the possession of a user quantity of drugs.
This case is unlike those where the evidence showed a simultaneous possession of firearms and drugs, for instance, where "the firearm was found in a backpack and the drugs in [the defendant's] pocket,"
Sneed
,
The government argues that "there is no evidence, and Walker does not suggest any, of a reason why he would have had that gun or purchased that ammunition,
other than
to protect the drugs or to protect himself during his activities of buying,
carrying, and using crack cocaine." But this argument misplaces the burden of proof. The government bears the burden of proving facts to support a § 2K2.1(b)(6)(B) enhancement; the defendant need not introduce evidence to show the enhancement does not apply to him.
See
United States v. Razo-Guerra
,
The government also contends that the stolen valuables found in the passenger compartment of Walker's car support a finding that Walker possessed the gun in connection with the crime of burglary. We disagree. The government proffered no evidence linking the stolen items to the shotgun or Walker to the burglary. We again find that the government failed to meet its burden of showing the firearm was connected with another felony offense.
The district court's application of the USSG § 2K2.1(b)(6)(B) enhancement is reversed and the case is remanded with instructions to resentence Walker without the enhancement. 1
Walker also argues that his sentence should have been consistent with the one received by Samuel Johnson, whose original sentence was reversed by the Supreme Court.
See
Johnson v. United States
, --- U.S. ----,
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Michael John WALKER, Defendant-Appellant
- Cited By
- 10 cases
- Status
- Published