CASE LAW UPDATE: Whether the District Court erred in imposing a firearm enhancement in methamphetamine conviction?
Defendant pleaded guilty to possession of methamphetamine with intent to distribute. At sentencing, the District Court applied an sentencing enhancement following its finding that a revolver seized with the drugs belonged to the defendant. Defendant appealed. The Eighth Circuit Court of Appeals held that where the informant’s tip stated that defendant was armed, the firearm was found in a vehicle’s trunk, each of the occupants of the vehicle can be found to be in joint constructive possession of the firearm, and a sentencing enhancement may be applied.
United States v. Selby, 19-3778, 19-3779, per curiam. Appealed from the United States District Court, Western District of Arkansas.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.