What is the test for a charge of possession of a firearm under Section 2D1.1(b)(1) of the 2nd Amendment of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Delima, 17-3031-cr (L), 17-3051-cr (Con), 17-3061-cr (Con), 17-3123-cr (Con) (2nd Cir. 2018):

In order to impose an enhancement under 2D1.1(b)(1), a district court need not find that the defendant "had personal possession, or even actual knowledge of the weapon's presence; the enhancement is required so long as the possession of the firearm was reasonably foreseeable to the defendant." Id. (quoting United States v. Giraldo, 80 F.3d 667, 677 (2d Cir. 1996)). "Accordingly, if one member of a narcotics conspiracy possessed a firearm in furtherance of the conspiracy, the other members of the conspiracy who reasonably could have foreseen such possession are chargeable with possession under 2D1.1(b)(1)." Id.

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