United States v. Nicholas Davidson
Opinion
Nicholas Davidson pleaded guilty to one count of unlawful possession of a firearm as a previously convicted felon.
See
Police in Davenport, Iowa, learned in July 2017 that Davidson was selling marijuana out of a car near a local apartment complex. A confidential informant, under supervision of the police, bought 2.5 grams of marijuana from Davidson, who weighed the drugs on a digital scale before transferring them.
Two days later, police decided to arrest Davidson at a local playground. When he saw the officers, Davidson fled, and the officers chased him. About forty to fifty yards into the foot pursuit, Davidson pulled a pistol from his waistband and threw it to the side. He then ran to a residential area, where he climbed a six-foot privacy fence and entered a backyard. Police caught him there, but he continued resisting and fought with officers. Several officers received minor injuries during the struggle.
Police found 13.7 grams of marijuana, at least $1,300 in cash, and car keys on Davidson's person. Officers searched the car that matched the keys and found approximately 7.35 grams of marijuana, three functioning digital scales, packaging material, and a duffle bag with marijuana residue. Police also searched two apartments that Davidson reportedly frequented, and seized marijuana and drug paraphernalia.
Davidson pleaded guilty to unlawfully possessing a firearm as a previously convicted felon, and the district court sentenced him to 110 months' imprisonment. In calculating the advisory guideline range, the court applied a four-level increase for possession of a firearm in connection with another felony offense and a two-level increase for reckless endangerment during flight.
On appeal, Davidson disputes the finding that he possessed "any firearm or ammunition in connection with another felony offense."
Davidson possessed 13.7 grams of marijuana packaged in several plastic bags, and an expert testified that Davidson's hybrid marijuana was often sold in gram or half-gram quantities. He also possessed $1,300 in cash when arrested, and he discarded a firearm during the preceding foot chase. These factors all support an inference that the seized marijuana was for distribution and not merely for personal use.
See
United States v. Brockman
,
Davidson also challenges the district court's application of a two-level increase for "recklessly creat[ing] a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer." USSG § 3C1.2. Davidson argues that § 3C1.2 is most often applied to car chases,
e.g.
,
United States v. St. James
,
We see no clear error in the district court's finding. The reckless endangerment adjustment can apply to foot chases as well as car chases,
see
United States v. Bates
,
The judgment of the district court is affirmed.
The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff - Appellee, v. Nicholas Burrell DAVIDSON, Defendant - Appellant.
- Cited By
- 9 cases
- Status
- Published