United States v. Dontae Allen

MEMORANDUM

Dontae Allen appeals his sentence imposed after he pled guilty to possession of a firearm by a felon and unlawful possession of ammunition by a felon, both in violation of 18 U.S.C. § 922 (g)(1). Allen contends that the district court committed error in finding that he had possessed the firearm in connection with another felony offense and consequently applying a four-level sentencing enhancement pursuant to section 2K2.1(b)(6) of the United States Sentencing Guidelines. With the four-level enhancement, the upper limit of the Guidelines range for Allen’s sentence was 87 months, a 30-month increase over what it would have been without the enhancement. The district court ultimately sentenced Allen to an 84-month term of imprisonment.

Then, as now, Allen strenuously denied any involvement in the felony offense. To trigger the enhancement the Government was required to prove by a preponderance of the evidence that Allen possessed a firearm “in a manner that permits an inference that it facilitated or potentially facilitated ... [his] felonious conduct.” United States v. Routon, 25 F.3d 815, 819 (9th Cir.1994); see also United States Sentencing Guidelines § 2K2.1 (b)(6).…