United States v. Foote
Docket: No. 10-3607
Court: Court of Appeals for the Third Circuit; July 21, 2011; Federal Appellate Court
Stanley Foote pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and was sentenced to 110 months in prison by the United States District Court for the District of New Jersey. He appealed, arguing that the court erred in applying a four-level sentencing enhancement under U.S. Sentencing Guideline 2K2.1(b)(6). Foote claimed the court improperly shifted the burden to him to disprove the enhancement's applicability and that there was no clear evidence he believed the firearm would be used in connection with drug transactions. The appellate court reviewed the factual findings for clear error and the district court's interpretation of the guidelines de novo. It concluded that the district court correctly applied the enhancement, noting that it did not shift the burden to Foote but engaged in a dialogue about the enhancement's applicability. The court found sufficient evidence in the presentence report indicating Foote had previously brokered drug transactions with a confidential informant before selling a firearm to the same individual. The district court determined that Foote likely believed the firearm would be used in furtherance of drug trafficking. The appellate court affirmed the district court's judgment, finding no clear error in its assessment of the evidence or its application of the sentencing enhancement. The District Court had jurisdiction under 18 U.S.C. § 3231, and the appellate court had jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291.