United States v. Clisby

OPINION

KAREN NELSON MOORE, Circuit Judge.

Cornell Clisby (“Clisby”) led a year-long heroin conspiracy. His co-conspirators included his ex-wife, Dorothy Clisby. When law-enforcement agents executed a search warrant at Dorothy’s home, where Clisby stashed heroin in the basement, they found a 9mm Smith & Wesson handgun in her nightstand drawer. The government argued that Clisby’s sentence should be enhanced by two levels under U.S.S.G. § 2Dl.l(b)(l) because he possessed a firearm — the Smith & Wesson — during the conspiracy. The district court agreed and sentenced Clisby to 408 months in prison.…