United States v. Antonio Franklin Johnson , 654 F. App'x 427 ( 2016 )

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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-14043
Non-Argument Calendar
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D.C. Docket No. 4:14-cr-00415-WTM-GRS-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO FRANKLIN JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Georgia
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(June 20, 2016)
Before TJOFLAT, JILL PRYOR, and ANDERSON, Circuit Judges.
PER CURIAM:
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Antonio Franklin Johnson appeals his 120-months sentence, imposed after
pleading guilty to one count of possession of a firearm by a convicted felon,
pursuant to 18 U.S.C. §§ 922(g)(1), 924(a)(2). He argues that the district court
erred by applying a four-level enhancement, pursuant to U.S.S.G. §2K2.1(b)(6)(B),
for possessing a firearm in connection with another felony. He also contends that
the district court erred by indicating in the Statement of Reasons that the sentence
was not greater than 24 months and the district court was not required to give
specific reasons for the sentence.
I.
We review a district court’s interpretation and application of the sentencing
guidelines de novo and its factual findings for clear error. United States v. Smith,
480 F.3d 1277, 1278 (11th Cir. 2007) (citation omitted). Evaluating whether a
firearm was used “in connection with” a felony offense is a factual determination
and we evaluate for clear error. United States v. Whitfield, 50 F.3d 947, 949 & n.8
(11th Cir. 1995).
In calculating the guideline range for a firearm possession offense, U.S.S.G.
§ 2K2.1(b)(6)(B) provides for a four-level enhancement where the defendant “used
or possessed any firearm or ammunition in connection with another felony
offense.” U.S.S.G. § 2K2.1(b)(6)(B). Section 2K2.1 Application Note 14 states
that subsection (b)(6)(B) applies “if the firearm or ammunition facilitated, or had
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the potential of facilitating, another felony offense.” U.S.S.G. § 2K2.1 comment.
(n.14(A)).
We have held that the term “in connection with” in U.S.S.G. § 2K2.1(b)(5)
should be given its ordinary and natural meaning, and we have expressly rejected a
more restrictive interpretation that required the firearm to serve a purpose related
to the crime. Smith, 480 F.3d at 1280 (citation omitted). Moreover, in interpreting
Guideline provisions that contain an “in connection with” requirement identical to
U.S.S.G. § 2K2.1(b)(5), we have held that, “in certain circumstances, mere
possession of a firearm can be enough to apply a sentencing enhancement. Id.
(quotation and citation omitted). Generally, we have held that drugs and guns go
together. United States v. Lopez, 649 F.3d 1222, 1242 (11th Cir. 2011).
The district court did not clearly err by applying a four-level enhancement,
pursuant to U.S.S.G. §2K2.1(b)(6)(B), because Johnson had possession of the
firearm and a felonious amount of marijuana at the same time in his car. Mere
possession of a firearm can be enough to apply a sentencing enhancement because
drugs and guns generally go together, and the firearm was not required to serve a
purpose related to the crime. Therefore, we affirm the application of the four-level
enhancement.
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II.
We review the question of whether a district court complied with 18 U.S.C.
§ 3553(c)(1) de novo, even if the defendant did not object below. United States v.
Bonilla, 463 F.3d 1176, 1182 (11th Cir.2006).
Under 18 U.S.C. § 3553(c)(1), the sentencing court must explain its reasons
for imposing a sentence at a particular point in the guideline range “when the range
exceeds 24 months.” 18 U.S.C. § 3553(c)(1); United States v. Veteto, 920 F.2d
823, 826 (11th Cir. 1991). A sentence may be imposed at any point within the
applicable guideline range, provided that it is not greater than the statutorily
authorized maximum sentence. U.S.S.G. § 5G1.1(c). When the statutory
authorized maximum sentence is less than the maximum of the guideline range, the
guideline range becomes the statutory maximum and the low end of the guideline
range. See id.
The district court did not err by indicating in the Statement of Reasons that
the sentencing range was not greater than 24 months. Because of the statutory
authorized maximum sentence of 120 months, Johnson’s range was no longer 120
months to 150 months but merely 120 months. Thus, there was a range of zero.
Therefore, the district court did not err by indicating that the sentence was within
an advisory range that was not greater than 24 months, and thus was not required
to give specific reasons for the sentence. Accordingly, we affirm.
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AFFIRMED.
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