United States v. Jackson

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An undercover agent drove a confidential informant to purchase heroin. After Jackson sold the CI a gram of heroin, the CI asked Jackson if he knew where to get a pistol. They negotiated a price. While the CI went to the car for the money, Jackson walked to his residence to get the gun. Days later, Jackson told the CI that he had another gun. The agent drove the CI to meet Jackson. After the CI purchased a second gun. the CI asked whether Jackson wanted another drug customer, indicating the undercover agent. The CI then left the property with the pistol, returning to the car. Jackson subsequently walked to the vehicle and sold the agent heroin. Days later, officers executed a search warrant on the properties involved in these sales. At one, they discovered $3,050 and a spoon with heroin residue. At the other, they encountered Jackson's relative who admitted to flushing marijuana and cocaine base down the toilet when he heard officers entering. No guns were recovered. Jackson pled guilty as a felon in possession of a firearm and two counts of distribution of heroin. The court applied a four-level enhancement (U.S.S.G. 2K2.1(b)(6)(B)) for “us[ing] or possess[ing] a firearm in connection with another felony offense,” imposing a 100-month sentence. Without the enhancement, the range would have been 77-96 months. The Sixth Circuit vacated. Jackson made separate sales, without bringing both a gun and drugs to either or having reason to anticipate that the first sale would beget the second. Jackson did not use or possess either gun in connection with either drug sale. View "United States v. Jackson" on Justia Law