Unreported / Non-Citable
Background
David Scott Love, IV, was convicted by a jury of possessing a firearm as a convicted felon. The U.S. District Court for the Southern District of Mississippi imposed sentence following that conviction.
In calculating Love’s sentence, the district court applied a four-level enhancement under U.S.S.G. § 2K2.1(b)(7)(B) after finding that he used the firearm during an aggravated assault. Love appealed, arguing that the enhancement for using or possessing a firearm in connection with another felony offense was improper.
The Court’s Holding
The Fifth Circuit affirmed the sentence. It concluded that the district court’s finding that Love used the firearm during an aggravated assault was plausible in light of the sentencing testimony concerning the victim’s description of the assault and evidence of her related injuries.
Because that evidentiary record supported the district court’s finding, Love did not show error in the application of the four-level enhancement.
Key Takeaways
- The Fifth Circuit upheld a four-level enhancement for using or possessing a firearm in connection with another felony offense.
- Sentencing testimony about the victim’s account and evidence of related injuries supported the finding that Love used the firearm during an aggravated assault.
- The court affirmed Love’s sentence following his jury conviction for possession of a firearm by a convicted felon.
Why It Matters
The decision illustrates that testimony describing an assault, together with evidence of related injuries, may provide a sufficient factual basis for applying the firearm enhancement under U.S.S.G. § 2K2.1(b)(7)(B). On appeal, a defendant must show that the district court erred in making the factual finding supporting the enhancement.