Steve Henry was convicted of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. He received a total sentence of 60 months' imprisonment. Henry appealed, arguing that the district court clearly erred in denying him relief under the safety-valve provision of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2(a). This provision allows a defendant to be sentenced below the statutory mandatory minimum if they meet specific criteria, including that they did not possess a firearm in connection with the offense. Henry had received a sentencing enhancement under U.S.S.G. § 2D1.1(b)(1) for firearm possession but argued this enhancement did not automatically bar safety-valve relief. He contended that the firearms involved were unrelated to his drug transactions: one sale of firearms on February 22, 2024, involved no drugs, and the firearms found during a search of his 'trap house' on April 2, 2024, were hidden and not immediately accessible.
The Eleventh Circuit applied the standard set forth in United States v. Carrasquillo, which requires a defendant receiving a firearm enhancement to show that it is more likely than not that the possession was not in connection with the offense. The court noted that this is a rare occurrence. Under the safety-valve provision, a defendant possesses a firearm in connection with a drug offense if the firearm is in proximity to drugs or facilitates the drug offense. Regarding the February 22, 2024, firearm sale, the court found no error in the district court's determination that Henry engaged in a 'transaction pattern' of selling both drugs and firearms from the same location. The court reasoned that it was reasonable to infer Henry used money from the firearm sale to fund the drug enterprise and that the sale of firearms facilitated the drug offense by instilling confidence in customers that he could provide both. Regarding the firearms found on April 2, 2024, the court held that their presence at the site of the charged conduct satisfied the connection requirement. The court emphasized that the proximity of a firearm to drugs creates a strong presumption that the defendant would use the weapon if their illegal activities were threatened. Henry's arguments that he did not intend to use the guns or lacked immediate access were insufficient to rebut this presumption, as the safety-valve provision does not require proof of specific intent to use the weapon.
Henry's 60-month sentence remains valid and enforceable. The decision reinforces the high bar for defendants seeking safety-valve relief when a firearm enhancement is applied. It clarifies that a mixed business model involving both drugs and firearms, or the mere proximity of a weapon to drugs at a trafficking location, is sufficient to establish the necessary connection, even without direct evidence of the gun being used during a specific transaction.