Ninth Circuit - Firearms

United States v. Grimaldo, 984 F.3d 876 (9th Cir. 2021). The court abused its discretion in applying the 4-level enhancement at §2K2.1(b)(6)(B) for firearm possession “in connection with” another felony. The felony here was drug possession, not drug trafficking, and proximity between drugs and guns alone is insufficient to show that the firearm facilitated or potentially facilitated possession of narcotics.

United States v. Woodberry, 987 F.3d 1231 (9th Cir. 2021). The short-barreled rifle provision in 18 U.S.C. § 924(c)(1)(B)(i), which requires an increase in the statutory mandatory minimum penalty, is not a sentencing enhancement but an essential element that the government must prove to a jury beyond a reasonable doubt.

United States v. Parlor, 2 F.4th 807 (9th Cir. 2021). When a defendant is prohibited from possessing firearms because of his status as a felon, possession of any firearms in addition to the ones for which he was charged is relevant conduct because it is the same course of conduct or common scheme or plan under §1B1.3.

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