Friday, February 08, 2019

Enhancement for using premises to store drugs warranted

U.S. v. Murphy, 17-5118, 17cr0005 CVE, 2018 WL 4042095 (Aug. 24, 2018) (N.D. Okla.): Mr. Murphy pleaded guilty to two counts of possession with intent to distribute heroin, two counts of possession with intent to distribute methamphetamine, and two counts of being a felon in possession of a firearm. The PSR added two levels for maintaining a premises for the purpose of distributing a controlled substance under U.S.S.G. § 2D1.1(b)(12). Mr. Murphy objected to the premises enhancement. The district judge sentenced Mr. Murphy to 70 months imprisonment, which was within the applicable guideline range (57-71 months) if the § 2D1.1(b)(12) enhancement were not considered. Mr. Murphy appealed. The Tenth Circuit held that the § 2D1.1(b)(12) enhancement was warranted because Mr. Murphy’s use of his home to store drugs for the purpose of distribution was both frequent and substantial.