In United States v. Martinez, No. 18-12950 (July 14,
2020) (Luck, William Pryor, Jill Pryor), the Court affirmed an
enhancement under USSG 2K2.1(b)(6)(B) for unlawfully possessing a firearm with
knowledge, intent, or reason to believe that it would be used or possessed in
connection with another felony.
The issue on appeal was whether the enhancement applied
where the defendant plans to trade a gun for drugs in the future. The Court held that it does where the defendant “knew, intended, or had reason to
believe (rather than hoped, wished, or dreamed) the gun was going to be used to
buy drugs, and the sale would have (rather than may or might have) happened but
for the defendant’s arrest or something else getting in the way.” Because the district court in this case found
that the defendant to trade his gun for a pound of drugs that he planned to
sell, and that finding was not clearly erroneous, the Court upheld the enhancement.
