Eleventh Circuit - Firearms

United States v. Martinez, 964 F.3d 1329 (11th Cir. 2020). The enhancement at §2K2.2(b)(6)(B) for possession of a firearm in connection with another felony offense applied where the weapon was found in the defendant’s car near drug paraphernalia and the government proved that the defendant planned to trade the weapon for drugs.

United States v. Wilson, 979 F.3d 889 (11th Cir. 2020). A base offense level of 20 under §2K2.1(a)(4)(B) was appropriate where the defendant, an “unlawful user” of drugs, possessed a sawed-off shotgun. A defendant is an “unlawful user” so long as his use is “ongoing and contemporaneous with the commission of the offense.”

United States v. Matthews, 3 F.4th 1286 (11th Cir. 2021). The higher base offense level at §2K2.1(a)(3) applied because the defendant’s firearms offense involved a “semiautomatic firearm that is capable of accepting a large capacity magazine.” The defendant attempted to purchase a semiautomatic rifle that normally came with a 30-round magazine from a gun shop that sells both firearms and magazines, therefore a magazine capable of accepting more than 15 round of ammunition “was in close proximity to the rifle [the defendant] sought to purchase.”

Training Topic: