Background
Markeemeius Deshaun Morgan appealed his sixty-six-month sentence following a guilty plea to possession of a firearm by a convicted felon. The underlying incident involved a gunfight in a residential area where Morgan’s car was disabled. Law enforcement recovered cocaine, marijuana, a digital scale, and ammunition from the vehicle. Morgan challenged the district court’s application of sentencing enhancements under the United States Sentencing Guidelines.
The court’s reasoning
The court reviewed factual findings for clear error and legal conclusions de novo. It found that the government met its burden of proof by a preponderance of the evidence. Evidence included dashcam video showing Morgan wielding a semiautomatic weapon capable of accepting a large capacity magazine and testimony that the cocaine found in the car exceeded personal use amounts. The court applied a presumption of facilitation under United States Sentencing Guidelines section two thousand two hundred twenty-two point one subsection b six because the firearm and drugs were found in close proximity.
What it means going forward
The decision reinforces the Fourth Circuit’s deference to district court factual findings in sentencing enhancement cases involving firearms and drugs found in close proximity.