US v. Cannon

Filing 920091223

Opinion

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var WPFootnote1 = 'Of the Seventh Circuit, sitting by designation.\
'

var WPFootnote2 = 'We draw these facts from the uncontested portions of the\
presentence report (PSR). See United States v. Brewster, 127 F.3d\
22, 24 (1st Cir. 1997).\
'

var WPFootnote3 = 'The record does not disclose what charges, if any, were brought\
against Allen and Báez.\
'

var WPFootnote4 = 'The district court determined that Cannon was "found with drugs"\
and that the firearm was possessed "in the presence at least of\
drug transactions." These determinations necessarily encompass\
findings that Cannon knew about the drugs in the SUV and that those\
drugs were intended for distribution and not personal consumption. \
See Sicher, 576 F.3d at 71 (explaining that district courts need\
not "specify the precise basis for the application of [an]\
enhancement" because "a sentencing court\'s reasoning can often be\
inferred by comparing what was argued by the parties or contained\
in the pre-sentence report with what the judge did")(internal\
quotation marks and alterations omitted); see also United States v.\
Tavano, 12 F.3d 301, 307 (1st Cir. 1993). Because we find these\
facts sufficient to permit application of the enhancement, we do\
not address whether the district court found, or the government\
proved, that Cannon was in constructive possession of the drugs, an\
issue which the parties have not briefed in any detail.\
'

var WPFootnote5 = 'Because we find that the district court plausibly determined\
that the drugs were intended for distribution, we decline to\
address the alternative argument raised by the government that\
Cannon\'s possession of the gun in connection with the felony of\
simple possession of drugs for personal use would support\
enhancement under § 2K2.1(b)(6). See LePage, 477 F.3d at 489\
(noting that "possessing a gun while engaged in the casual use of\
drugs might not give rise to the inference that the gun was\
possessed in connection with the drugs").\
'

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