Background
David Scott Love, IV, was convicted by a jury of possessing a firearm as a convicted felon in the Southern District of Mississippi.
At sentencing, the district court applied a four-level enhancement under U.S.S.G. § 2K2.1(b)(7)(B), finding that Love used the firearm during an aggravated assault. Love appealed, arguing that the enhancement was improperly applied.
The Court’s Holding
The Fifth Circuit held that the district court’s finding was plausible in light of the sentencing testimony concerning the victim’s description of the assault and evidence of her related injuries.
Because Love did not show that the district court erred in finding that he used the firearm in connection with the aggravated assault, the court upheld the four-level enhancement and affirmed his sentence.
Key Takeaways
- A firearm sentence may be enhanced when the defendant used or possessed the firearm in connection with another felony offense.
- The victim’s description of an assault and evidence of related injuries supported the district court’s aggravated-assault finding.
- The Fifth Circuit affirmed Love’s sentence in an unpublished per curiam opinion.
Why It Matters
The decision illustrates that sentencing testimony and injury evidence can support a finding that a firearm was used in connection with another felony offense, even when the appeal challenges the factual basis for the enhancement.