US v. Laquan Wilson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cr-00071-RJC-1 Copies to all parties and the district court/agency. [1000043308].. [16-4452]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-4452

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
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)

Submitted:

March 14, 2017

Before FLOYD and
Circuit Judge.

HARRIS,

Decided:

Circuit

Judges,

and

March 16, 2017

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Laquan Marcell Wilson appeals from the 84-month sentence
imposed after he pleaded guilty to possession of a firearm by a
convicted

felon,

924(a)(2)

in

(2012).

violation
Wilson

of

18

U.S.C.

disputes

the

§§ 922(g)(1),

district

court’s

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.

Finding no

error, we affirm.
We review the district court’s factual determinations in
applying

the

error.

United

States v. Strieper, 666 F.3d 288, 292 (4th Cir. 2012).

Where a

defendant

Sentencing

“[u]sed

or

Guidelines

possessed

connection

with

another

enhancement

shall

apply.

§ 2K2.1(b)(6)(B) (2015).

for

any

firearm

felony
U.S.

clear

or

offense,”

Sentencing

ammunition
a

in

four-level

Guidelines

Manual

The “in connection with” element is

satisfied “if the firearm facilitated, or had the potential of
facilitating”

the

other

offense,

or

protection or to embolden the actor.”

if

566

F.3d

n.14(A).

160,

162

(4th

Cir.

it

“was

present

for

United States v. Jenkins,

2009);

see

USSG

§

2K2.1

cmt.

Where the other felony is a drug trafficking offense,

a firearm “found in close proximity to drugs, drug-manufacturing
materials,

or

drug

paraphernalia
2

.

.

.

necessarily

has

the

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potential of facilitating another felony offense.”
F.3d

at

163

(internal

quotation

§ 2K2.1 cmt. n.14(B)).

marks

Jenkins, 566

omitted)

(citing

USSG

This element is not satisfied, however,

where the presence of the firearm is “the result of accident or
coincidence.”

United States v. Blount, 337 F.3d 404, 411 (4th

Cir. 2003) (internal quotation marks omitted).
Wilson

argues
because

unreasonable
applying

that
the

USSG

his

sentence

district

§ 2K2.1(b)(6)(B).

reasonableness,

applying

an

is

court
We

abuse

clearly

review
of

procedurally

a

sentence

discretion

Gall v. United States, 552 U.S. 38, 46 (2007).

erred

in
for

standard.

Procedural error

includes improperly calculating the Sentencing Guidelines range.
Id.

Wilson contends that there is no evidence that the firearm

was used in connection with the sale of controlled substances,
specifically

crack

cocaine,

because

the

evidence

was

insufficient to show that he possessed crack cocaine with the
intent

to

distribute

it.

Based

on

the

record

before

us,

however, we conclude that the district court reasonably inferred
that

Wilson

possessed

the

firearm

in

connection

with

drug

trafficking.
Wilson stated that he obtained the firearm for his personal
protection.

The firearm was on his person, loaded, and ready to

fire, and he possessed five plastic baggies containing a total
weight

of

.67

ounces

of

crack
3

cocaine,

six

green

pills

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individually

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wrapped

in

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plastic

cigarettes weighing .5 grams.

baggies,

and

three

marijuana

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
felony.

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
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

4