United States v. King, No. 14-10146 (5th Cir. 2014)
Annotate this CaseKing pleaded guilty (without an agreement) to conspiracy to possess with intent to distribute 100 grams or more of a substance containing heroin, 21 U.S.C. 846, 841(a)(1), and 841(b)(1)(B). King began acting as a courier by January 2012 and continued until February, 2013. He was arrested in July 2012, with 11 ounces of heroin, and again in February, 2013, at his residence. During the search of the residence, officers seized: a loaded and chambered .45-caliber, semiautomatic handgun with an obliterated serial number, one empty box of ammunition, a plastic baggie containing numerous clear, empty capsules, 13 capsules that contained heroin, and drug paraphernalia. Based on the handgun the PSR recommended a two-level enhancement to his offense level, (USSG 2D1.1(b)(1)). King objected, arguing that the residence was his wife’s, not his; that the weapon was in a drawer of her nightstand, not in open view, and that there was no indication that King knew about the weapon; that the heroin and paraphernalia were for personal use; and that he qualified for the “safety valve” (18 U.S.C. 3553(f)) to remove the mandatory minimum sentence because he did not possess a firearm in connection with his offense. The Fifth Circuit affirmed application of the enhancement, rejecting arguments that the court failed to allow the jury to resolve his objections to the enhancement, as required by the Due Process Clause and FRCP 32(i)(3)(B).
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