US v. Laquan Wilson
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cr-00071-RJC-1 Copies to all parties and the district court/agency. .. [16-4452]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
LAQUAN MARCELL WILSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:15-cr-00071-RJC-1)
March 14, 2017
Before FLOYD and
March 16, 2017
Affirmed by unpublished per curiam opinion.
John Parke Davis, Acting Executive Director, Ann L. Hester,
FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte,
North Carolina, for Appellant. Jill Westmoreland Rose, United
States Attorney, Anthony J. Enright, Assistant United States
Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Laquan Marcell Wilson appeals from the 84-month sentence
imposed after he pleaded guilty to possession of a firearm by a
application of a four-level sentencing enhancement for using or
possessing a firearm in connection with other felony offenses—
specifically, possession of controlled substances and possession
with intent to distribute controlled substances.
error, we affirm.
We review the district court’s factual determinations in
States v. Strieper, 666 F.3d 288, 292 (4th Cir. 2012).
§ 2K2.1(b)(6)(B) (2015).
The “in connection with” element is
satisfied “if the firearm facilitated, or had the potential of
protection or to embolden the actor.”
United States v. Jenkins,
Where the other felony is a drug trafficking offense,
a firearm “found in close proximity to drugs, drug-manufacturing
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potential of facilitating another felony offense.”
§ 2K2.1 cmt. n.14(B)).
This element is not satisfied, however,
where the presence of the firearm is “the result of accident or
United States v. Blount, 337 F.3d 404, 411 (4th
Cir. 2003) (internal quotation marks omitted).
Gall v. United States, 552 U.S. 38, 46 (2007).
includes improperly calculating the Sentencing Guidelines range.
Wilson contends that there is no evidence that the firearm
was used in connection with the sale of controlled substances,
insufficient to show that he possessed crack cocaine with the
however, we conclude that the district court reasonably inferred
Wilson stated that he obtained the firearm for his personal
The firearm was on his person, loaded, and ready to
fire, and he possessed five plastic baggies containing a total
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cigarettes weighing .5 grams.
See Jenkins, 566 F.3d at 162-63;
USSG § 2K2.1 cmt. n.14(B).
Further, the court was correct that, because of Wilson’s
criminal history, simple possession would have been treated as a
The court did not err in determining that the firearm
emboldened Wilson to commit the offense of possession of the
drugs, particularly in a public area.
Therefore, the district
court’s decision to apply the § 2K2.1(b)(6)(B) enhancement was
not clearly erroneous.
We dispense with oral argument because the facts and legal
this court and argument would not aid the decisional process.
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