Professional Documents
Culture Documents
United States v. Markus Harris, 4th Cir. (2014)
United States v. Markus Harris, 4th Cir. (2014)
No. 13-4554
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:12-cr-00381-BO-1)
Submitted:
Decided:
PER CURIAM:
Markus Maurice Harris appeals the 115-month sentence
imposed following his guilty plea to possession of a firearm and
ammunition
as
922(g)(1)
district
convicted
(2012).
courts
enhancement
for
On
felon,
appeal,
application
possession
in
Harris
of
of
violation
of
18
challenges
four-level
firearm
in
U.S.C.
only
the
Guidelines
connection
with
follow, we affirm.
In
considering
whether
district
court
properly
United States v.
We will find a
2013)
permissible
of
marks
the
omitted).
evidence,
Where
the
there
are
factfinders
two
choice
Anderson v. City of
enhancement
when
under
firearm
or
USSG
2K2.1(b)(6)(B)
ammunition
possessed
by
is
a
offense
is
defined
as
any
federal,
Another
state,
or
local
The
United States v.
Jenkins,
(quotation
566
F.3d
160,
164
(4th
Cir.
2009)
marks
omitted).
The
requirement
that
the
firearm
be
possessed
in
purpose
including
or
if
the
effect
with
firearm
respect
was
to
present
the
for
other
offense,
protection
or
to
However,
marks
omitted).
Guidelines
commentary
with
another
offense
to
drugs,
in
felony
which
in
the
firearm
drug-manufacturing
case
is
of
found
materials,
a
in
or
drug
close
drug
potential
of
facilitating
[that
drug-trafficking]
offense.
felony
district
court
imposed
the
enhancement
after
between
the
drugs
and
thoroughly
reviewed
the
record
the
and
firearm.
conclude
that
We
the
have
trial
Further, a
finding
trafficking.
that
Harris
engaged
in
marijuana
519 (4th Cir. 2005) (listing factors from which to infer intent
to
distribute,
including
the
quantity
of
the
drugs,
the
tools
for
the
packaging
and
sale
of
drugs,
and
collecting cases).
The fact that the firearm was accessible to Harris
while he possessed the marijuana in the vehicle, and the fact
that the cash and the ammunition were both found on Harris
person at the time of his arrest, suggest a connection between
the
drugs
and
the
firearms
purpose.
See
United
States
v.
Blount, 337 F.3d 404, 411 (4th Cir. 2003) (noting relevance of
guns accessibility to finding it facilitated another offense).
When
viewed
in
light
of
Harris
concomitant
possession
of
163
embolden
(quotation
or
marks
protect
omitted),
Harris
drug
but
rather
trafficking.
was
used
Because
to
the
firearm
conclude
the
in
connection
district
with
court
did
felony
not
err
drug
in
offense,
imposing
we
the
enhancement.
Accordingly, we affirm the district courts judgment.
We
dispense
with
oral
argument
because
the
facts
and
legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED