United States v. Harper

Harper was arrested, under a warrant for a parole violation, in the back house bedroom on a two-house property. Agents recovered a loaded pistol from under the nightstand and suspected cocaine base from the top of that nightstand. Fingerprint analysis revealed Harper’s fingerprints on the weapon. In the closet, they found more suspected cocaine base. Agents also found a loaded Glock semiautomatic pistol, ammunition, clear plastic bags of controlled substances, a digital scale, and $368 in cash. Laboratory analysis identified the controlled substances as 148.6 grams of heroin, 105.4 grams of cocaine base, and 1 gram of marijuana. Harper claimed that he resided at the front house with his aunt and used the back house only when he had women visiting and that others lived in the rear house and were responsible for the drugs, but later pled guilty as a felon in possession of a weapon, 18 U.S.C. 922(g)(1). Applying the enhancement in U.S.S.G. 2K2.1(c), for offenses involving unlawful receipt, possession or transportation of firearms or ammunition and prohibited transactions involving firearms or ammunition, rather than section 2X1.1, which applies to use or possession of a firearm in connection with another felony, the district court sentenced Harper to a term of 100 months. The Seventh Circuit affirmed, rejecting Harper’s argument that application of 2K2.1 was improper for lack of reliable evidence of any connection between the firearms offense and any drug offense. View "United States v. Harper" on Justia Law