LOKEN, Circuit Judge.
Richard Sneed pleaded guilty to being a felon and unlawful drug user in possession of a firearm. See 18 U.S.C. §§ 922(g)(1), 922(g)(3), 924(a)(2). The district court
Sneed's Presentence Investigation Report ("PSR") described his offense conduct in considerable detail, fact recitations to which Sneed did not object. On June 1, 2011, a confidential informant reported to Springfield, Missouri police that Sneed was using heroin and methamphetamine, had a firearm, and was "on the run." The next night, two Springfield officers observed a car they knew Sneed drove swerve, cross the center line, and abruptly change lanes. The officers followed the car into a gas station parking lot, identified Sneed as the driver, and yelled, "Just stop, Richie." Sneed drove away. The officers followed, activated their emergency lights, and called for backup. Sneed swerved from lane to lane, drove through a red light, ran over a curb, and turned off his headlights as the chase proceeded through downtown Springfield. When Sneed's car spun out, he ran into heavy brush, dropping a backpack from which police recovered a .38 revolver, unloaded but functional; 12 syringes; and a small digital scale. When Sneed was eventually secured, police found 2.17 grams of methamphetamine in his front pocket. He admitted to taking "a little speed, and a little heroin" that evening.
The PSR recommended no Offense Characteristic adjustments to the base offense level of 24. The government objected, arguing methamphetamine recovered at the end of a flight in which Sneed threw down the gun warranted a four-level enhancement under § 2K2.1(b)(6)(B). The Probation Officer responded:
Addendum to the PSR, quoting U.S.S.G. § 2K2.1, comment. (n.14(A)).
At the sentencing hearing, the government provided a copy of the Fuentes Torres decision and urged the district court to apply the four-level enhancement. The government agreed with the Probation Officer that the question was whether the firearm "did not facilitate or have the potential to facilitate the associated felony" because it "was unloaded and there was no ammunition found, at least in the vicinity of where it was recovered." However, government counsel argued, quoting Fuentes Torres and our earlier decision in United States v. Regans:
The court imposed the four-level enhancement, resulting in an advisory guidelines range above the statutory maximum sentence for a violation of 18 U.S.C. § 922(g), and imposed the maximum 120-month sentence.
On appeal, Sneed raises two distinct issues: (1) Whether the district court committed legal error when it failed to make a specific finding that the firearm "facilitated, or had the potential of facilitating," a
(1) As we explained in Fuentes Torres, when the Sentencing Commission added application note 14 in 2006 to clarify the previously undefined term, "in connection with another felony offense," in § 2K2.1(b)(6)(B), the Commission distinguished between drug possession and drug distribution or trafficking offenses:
529 F.3d at 827. "In such cases," we further observed, "the district court must make the `in connection with' finding, applying the `facilitate' standard of note 14(A)." Id. at 828 n. 2.
Unfortunately, that latter observation has been interpreted in some later decisions as meaning that "the district court must affirmatively make a finding that the weapon or weapons facilitated the drug offense before applying the adjustment." United States v. Blankenship, 552 F.3d 703, 705 (8th Cir.2009). The finding required is dictated by the guideline provision, § 2K2.1(b)(6)(B) — that the firearm was "used or possessed ... in connection with another felony offense." Application note 14 prescribes and clarifies how the analysis is to be made but does not mandate a specific finding. Thus, we have never reversed a § 2K2.1(b)(6)(B) enhancement merely because a specific "facilitate" finding was not made. In cases where we reversed and noted no such finding was made, the record on appeal "indicat[ed] that the district court applied the section 2K2.1(b)(6) enhancement based on a temporal and spatial nexus between the drugs and firearms," without applying the "facilitate" standard of note 14(A). United States v. Dalton, 557 F.3d 586, 589 (8th Cir.2009); see Blankenship, 552 F.3d at 705. Here, by contrast, the record makes clear the district court understood and properly applied the "facilitate" standard of note 14(A) in finding that Sneed possessed the firearm "in connection with" his felony drug offense. Although we again strongly encourage district courts to make clear they are applying the proper § 2K2.1(b)(6)(B) standard with an explicit "facilitate" finding, there was no error of law.
(2) Sneed argues the evidence was insufficient to find that he used or possessed the firearm in connection with a methamphetamine possession offense because the firearm was found in a backpack and the drugs in his pocket, the firearm was unloaded, and no ammunition was found. As we stated in Fuentes Torres, when a drug user chooses to carry illegal drugs out into public with a firearm, an "in connection with" finding "will rarely be clearly erroneous." 529 F.3d at 827. The "facilitate" standard may be met "when a
The judgment of the district court is affirmed.