Treyvion Maleke Sutton pleaded guilty to possession of ammunition by a convicted felon under 18 U.S.C. § 922(g)(1). At sentencing, the district court applied a four-level enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(6)(B) for possessing ammunition in connection with another felony offense, resulting in an advisory Guidelines range of 78 to 97 months. Sutton challenged this enhancement, arguing there was no evidence he intended to facilitate a marijuana sale, and also claimed his 96-month sentence was substantively unreasonable. The district court imposed the 96-month sentence, noting it was within the calculated range but also stating it would have reached the same result based on the statutory factors in 18 U.S.C. § 3553(a).
The Fourth Circuit bypassed the merits of Sutton's challenge to the enhancement by applying an assumed error harmlessness inquiry under United States v. McDonald. This inquiry requires two findings: first, that the district court would have reached the same result even if it had decided the Guidelines issue differently, and second, that the sentence would remain substantively reasonable under the correct Guidelines range. The court found the first requirement satisfied because the district court expressly stated it would impose the same 96-month sentence based on its independent assessment of the § 3553(a) factors, including the seriousness of the conduct, recidivism, and need for deterrence. For the second requirement, the court calculated the hypothetical Guidelines range without the enhancement as 51 to 63 months. It then reviewed the 96-month sentence for substantive reasonableness, noting that the district court thoroughly considered the § 3553(a) factors and found the variance justified by Sutton's quick return to criminal activity and the danger he posed to the community. The appellate court concluded that the district court did not abuse its discretion in concluding the sentence satisfied the statutory standards.
The judgment is affirmed, and Sutton's 96-month sentence stands. The decision reinforces that when a district court explicitly states it would impose the same sentence based on § 3553(a) factors regardless of a Guidelines error, appellate courts may deem that error harmless without resolving the underlying Guidelines dispute. It also confirms that a sentence significantly above a hypothetical lower Guidelines range can be substantively reasonable if the district court provides a thorough explanation based on the defendant's criminal history and the need for public protection.
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