David Gerome Kennedy was convicted of conspiracy to distribute and possession with intent to distribute over 500 grams of cocaine and methamphetamine. The investigation began in March 2021 after a confidential source provided information about Kennedy's drug operations. Over the next three years, officers conducted controlled buys at a residence in Milton, Florida, while Kennedy slept at a separate location in Pace, Florida. In March 2024, a wiretap revealed Kennedy used the Milton address to arrange drug transactions. Subsequent search warrants at both locations yielded significant quantities of drugs, including cocaine, methamphetamine, marijuana, and psilocybin mushrooms, along with three firearms and ammunition at the Milton residence. Kennedy pleaded guilty to the charges. The presentence report calculated a base offense level of 36, which was increased by two levels for firearm possession under U.S.S.G. § 2D1.1(b)(1) and another two levels for maintaining a premises for drug distribution under § 2D1.1(b)(12). Although Kennedy's career offender status would have resulted in a lower offense level of 37, the higher adjusted level of 40 controlled. After a three-level reduction for acceptance of responsibility, the guideline range was 360 months to life, but the district court sentenced Kennedy to 180 months. Kennedy appealed, arguing the district court plainly erred in applying both enhancements.
The Eleventh Circuit reviewed Kennedy's unpreserved objections for plain error. The court first addressed the firearm enhancement under U.S.S.G. § 2D1.1(b)(1). The government must prove a connection between the firearm and the drug offense, but it does not need to show the weapon was used to facilitate distribution. The court relied on the principle that evidence of proximity between a firearm and drugs is sufficient to establish a connection. In this case, three firearms were found at the Milton residence alongside large quantities of drugs. This proximity established a rebuttable presumption that the firearms were connected to the offense. Kennedy failed to prove that the connection was 'clearly improbable.' Next, the court considered the premises enhancement under § 2D1.1(b)(12), which applies if a defendant maintains a premises for the purpose of manufacturing or distributing a controlled substance. The court clarified that a premises need not be used solely for drug distribution; it must simply be one of the 'primary or principal uses.' The court cited evidence that Kennedy engaged in extensive drug activity at the Milton residence, including multiple controlled buys over several years and the storage of large drug quantities. Because drug distribution was a primary use of the home, the enhancement was properly applied.
The decision reinforces the Eleventh Circuit's application of the rebuttable presumption that firearms found near drugs are connected to drug offenses, even without evidence of direct use. It also clarifies that the 'premises enhancement' applies when drug distribution is a primary use of a residence, even if the defendant resides elsewhere and the property serves other purposes. Kennedy's sentence of 180 months stands, and the judgment is affirmed without modification. The ruling leaves open the question of what specific evidence is required to rebut the presumption of connection for firearms, though the burden remains on the defendant to show the connection is 'clearly improbable.'