In U.S. v. Fields, No. 04-12486 (May 16, 2005), the Court (Carnes, Pryor, Forrester b.d.) affirmed the 360-month sentence imposed on a defendant convicted of cocaine trafficking.
The Court rejected the argument that a two-level for firearm possession should not have been imposed. The Court noted that the enhancement applies unless the defendant can show that it was clearly improbable that the firearm was connected with the offense. The firearms were present at locations at which co-conspirators were dealing drugs. The Court noted that one co-conspirator was the defendant’s cousin, in almost daily contact, and this close relationship increased the probability of a connection between the firearm and the narcotics trafficking.
The Court also rejected the argument that a supervisory role enhancement should not have applied because there were less than 5 participants in the offense. The Court counted at least five participants involved.
Finally, the Court found no plain error under Booker. The defendant argued that the third prong of plain error – the probability of a different result under advisory guidelines – was satisfied because the judge imposed a sentence at the low end of the guideline. The Court cited the decisions in four other circuits holding that this alone did not show "actual prejudice" from the sentence. "The fact that the district court went as low as it could under the mandatory guidelines system, without more, is not enough [to show plain error]."
