Background
Jevon Lively appealed his sentence for possessing with intent to distribute fentanyl and methamphetamine. He argued the district court erred in applying a two-level enhancement under the United States Sentencing Guidelines for maintaining a premises for manufacturing or distributing drugs.
The court’s reasoning
The court held that Lively failed to show the district court clearly erred in determining he had the requisite level of access, dominion, and control to demonstrate that he maintained the apartment for the purpose of storing drugs. The court relied on United States v. Guzman-Reyes.
What it means going forward
The decision reinforces that defendants must demonstrate a lack of dominion and control to challenge premises-based sentencing enhancements in the Fifth Circuit.
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