UNITED STATES OF AMERICA v. LASHAUN CHRISTOPHER BOLTON
US Court of Appeals for the Fourth Circuit, Thacker, June 7, 2017,
Sentencing (Federal)- Discovery of a shotgun and a rifle in the defendant’s bedroom along with 400 grams of marijuana and $912 cash was sufficient evidence to support an enhanced sentence.

Facts: In 2014, Bolton was indicted for conspiracy to distribute marijuana. He was arrested and consented to a search of his residence. During the search, officers recovered a shotgun, a rifle, boxes of ammunition, approximately 400 grams of marijuana, and $912 in cash.
After pleading guilty, he was arrested once again. This time, for trying to sell two kilograms of cocaine to an undercover officer.
At sentencing, Bolton argued that he had a hunting license and did not know that one of the shotguns was stolen. However, the judge gave him an enhanced sentence based on the possession of firearms in relation to the drug-trafficking crime.
Bolton appealed, arguing that the weapons were not connected to drug dealing.

Held: The Fourth Circuit disagreed. The fact that the rifles were in the same bedroom as 400 grams of marijuana linked the two. And the defendant did not present any credible evidence that the two were not linked.

Sentencing- Federal sentencing guidelines for certain CDS offenses carry an increased sentence if a dangerous weapon (including a firearm) was possessed by the defendant unless the connection between the firearm and the offense was “clearly improbable.”

Sentencing – Weapons enhancement- The weapon doesn’t have to be present at the exact moment of the crime, but there should be a time and space relationship linking the weapon to the crime and the defendant.