Second Circuit Affirms 4-level Enhancement For Using Or Possessing A Firearm “In Connection With Another Felony Offense.”

In United States v. Ryan, No. 17-3919 (2d Cir. Aug. 16), the Circuit affirmed the application of this enhancement under Guideline 2K2.1(b)(6)(B) based on the defendant’s sale of a firearm and drugs in the same transaction to a person to whom he had sold drugs in the past (an informant). The Court held that the firearm sale was “in connection with” the drug sale because it facilitated that sale and future sales. The Court went on to hold that the enhancement would also have been justified under the alternative clause of the Guideline for possessing or transferring a firearm having “knowledge or reason to believe that it would be used or possessed in connection with another felony offense.” The prior sales of drugs to the same buyer gave the defendant “reason to believe” that he was drug dealer and wanted the gun for his business.