09-2652 & 09-3011 U.S. v. Rea

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Sentencing
Firearms

Where a defendant convicted of drug offenses possessed an AK-47, his sentence was properly enhanced for possessing a firearm in connection with a drug crime.

“We conclude that the government carried its initial burden by proving by a preponderance of the evidence that Rea possessed the firearms and that there was a sufficient connection between the guns and his drug convictions. It takes no more than common sense to understand that such a connection existed. Although Rea attempts to propose alternative theories as to why the guns, cash, and scale were all present in his home, it is illuminating that he never actually attempted to explain why he possessed an AK-47, or the actual source of the cash, or the specific purpose for the scale. Certainly Rea cannot seriously argue that the AK-47 assault rifle found in the hall closet has any unrelated and innocent purpose. See Application Note 3 to § 2D1.1 (noting that ‘the enhancement would not be applied if the defendant, arrested at his residence, had an unloaded hunting rifle in the closet’). Rea also concedes that he was a meth dealer and that he was involved in the drug conspiracy.”

“Because the government demonstrated that the guns were found in close proximity to drug paraphernalia and that Rea dealt in large quantities of meth on a frequent basis, the burden properly shifted to Rea to prove that it was ‘clearly improbable’ that he possessed the firearm in connection with the drug offense. Rea offered no evidence to establish that it was ‘clearly improbable’ that he possessed the firearm in connection with the CCE offense. Therefore, we find that the district court did not plainly err by imposing the firearm sentencing enhancement.”

Affirmed in part, and Reversed in part.

09-2652 & 09-3011 U.S. v. Rea

Appeals from the United States District Court for the Southern District of Indiana, McKinney, J., Kanne, J.

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