How does section 2K2.1(b)(5) of the Criminal Code apply in the context of firearms possession cases?
MultiRegion, United States of America
The following excerpt is from USA v. Shepardson and St.Don, 196 F.3d 306 (2nd Cir. 1998):
So long as the government proves by a preponderance of the evidence that the firearm served some purpose with respect to the felonious conduct, section 2K2.1(b)(5)'s 'in connection with' requirement is satisfied; conversely, where the firearm's presence is merely coincidental to that conduct, the requirement is not met.
Id. (citing United States v. Wyatt, 102 F.3d 241, 247 (7th Cir. 1996)).
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