United States v. Marcus McDaniel ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-2059
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Marcus McDaniel
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Eastern
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Submitted: January 9, 2023
Filed: May 12, 2023
[Unpublished]
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Before SMITH, Chief Judge, WOLLMAN and LOKEN, Circuit Judges.
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PER CURIAM.
Officers found a loaded pistol in a holster at Marcus McDaniel’s feet, as he
stood in front of his home in Dubuque, Iowa. A search of the home revealed
significant evidence of drug distribution, including thirty-three pounds of marijuana,
THC in various forms, and cash totaling more than $18,000, as well as pipes, a digital
scale, and drug-packaging materials. Officers also found empty magazines and a case
for the pistol. McDaniel pleaded guilty to possession of a firearm while subject to an
order for protection, in violation of 18 U.S.C. §§ 922(g)(8) and 924(a)(2). The
district court1 sentenced McDaniel to 31 months’ imprisonment, varying downward
from the U.S. Sentencing Guidelines range of 37 to 46 months’ imprisonment.
McDaniel argues that the district court clearly erred in finding that he
possessed a firearm in connection with another felony offense, which increased his
base offense level by 4 under Guidelines § 2K2.1(b)(6)(B). See United States v.
Mitchell, 963 F.3d 729, 731 (8th Cir. 2020) (standard of review). The government
presented evidence at sentencing that officers observed individuals briefly stop by
McDaniel’s residence on August 29, 2020. They saw McDaniel then leave his home
and drive away, only to a return a short while later, park in the driveway, and exit his
vehicle. As officers approached, McDaniel moved his holster and pistol from his
waist to the ground near his left foot. We agree with the district court that the
evidence indicated that McDaniel had engaged in drug distribution shortly before he
left his residence, that he was wearing his holstered firearm when he left, and that he
was wearing the same firearm when he returned. Evidence from the search indicates
that McDaniel was engaged in felony drug distribution and that he kept his pistol
inside his home. We thus conclude that the district court did not clearly err in finding
that McDaniel possessed a firearm in connection with another felony offense.
See United States v. Agee, 333 F.3d 864, 866 (8th Cir. 2003) (no clear error in district
court’s finding because “although police took [defendant’s] firearm from him outside
of his residence, it is reasonable to infer that he had possessed the gun during prior
drug activities inside the residence”).
The judgment is affirmed.
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1
The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.
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