Tommie L. Haney pleaded guilty to conspiring to distribute and possessing with intent to distribute methamphetamine and cocaine. The conspiracy, involving co-defendant Quo Vadis Lewis, spanned from 2021 to 2023 and included multiple controlled sales and shipments of narcotics. During the investigation, law enforcement observed Haney at Lewis's residence and intercepted communications where Haney discussed firearms, including specific models like a Taurus G2 and a Sig Sauer. A search of Lewis's apartment later yielded several firearms, including a Taurus 9mm handgun on which Haney's DNA was detected, alongside drugs and drug paraphernalia. At sentencing, the district court applied a two-level enhancement under U.S.S.G. § 2D1.1(b)(1) for possessing a firearm in furtherance of the conspiracy. Haney objected, arguing his DNA was merely transferred from shared items and that his discussions about guns did not prove he possessed them. The district court overruled the objection, imposing a 168-month sentence, which Haney appealed.
The Seventh Circuit reviewed the district court's factual findings for clear error, a deferential standard requiring a definite and firm conviction that a mistake was made before reversal. The court first addressed the government's burden to prove Haney possessed the weapon. Evidence included intercepted messages where Haney stated, 'I just got a few hand joints … 2 40s and a 9,' and 'my people got poles for sale … he got a few 9 sigs right now.' Combined with the discovery of a Taurus 9mm handgun in Lewis's home containing Haney's DNA, the court found the district court did not clearly err in concluding Haney possessed the firearm. Haney's 'middleman' theory, claiming he only discussed guns he did not own, was rejected because the communications explicitly showed he possessed specific firearms. Haney's 'secondary transfer' theory, arguing his DNA was moved from shared drugs to the gun, was deemed waived. The court explained that Haney's written objections admitted his DNA was on the firearm and only contested the connection to the drug offense. By failing to challenge the possession itself below, he could not raise it for the first time on appeal. Even if not waived, the theory failed on its merits because it did not explain why Haney's DNA was absent from other guns found at the same location. Regarding the 'furtherance' element, the court noted that once a firearm is found in close proximity to drugs, it is presumed to be used in furtherance of the conspiracy. Haney failed to rebut this presumption by showing it was clearly improbable that the gun was connected to the offense. Although the district court misspoke by suggesting the relationship to the drug offense had 'no bearing,' the court clarified that the judge's full explanation correctly tied the DNA and communications to the conspiracy, satisfying the legal standard.
The decision reinforces the Seventh Circuit's strict application of the clear error standard in sentencing enhancements involving firearms. It clarifies that defendants must raise factual challenges regarding the possession of a weapon at the district court level to preserve them for appeal; failing to object to the possession itself waives the argument. The ruling confirms that DNA evidence combined with communications about specific firearms can satisfy the government's burden to prove possession in furtherance of a drug conspiracy, even if the defendant did not carry the weapon during a specific transaction.
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