Pennsylvania man convicted of drug charges received an increased sentence because gun and drugs were in the same room during the drug deal. Man: I didn’t use the guns in connection with the felony drug-trafficking offense because I was merely offering guns for sale in the same room as the drugs. Third Circuit: we agree. Although under the sentencing guidelines, a sentence can be enhanced where a defendant used a gun in connection with another felony offense, including when a gun is found in close proximity to drugs, there must be some relationship between the guns and the drug offense for the enhancement to apply. The Sentencing Commission didn’t intend to apply an enhancement in cases where a gun’s presence was mere accident or coincidence. Concurrence: “If the evidence is scant or equal, the presumption defaults to raising his sentence,” and “That is unjust.”
The case is United States v. Perez, No. 19-1469 (3d Cir. July 22, 2021).