Establishing the Nexus Requirement for Firearm-Drug Proximity Under U.S.S.G. §2K2.1(b)(6)(B) and Non-Retroactivity of Substantive Guideline Amendments

Introduction

United States v. Dallas Robinson, Jr., 23-11000 (11th Cir. Apr. 28, 2025), addresses two key issues in federal sentencing law:

Whether a four-level enhancement under U.S.S.G. §2K2.1(b)(6)(B) applies when a firearm is found in proximity to drugs, absent direct evidence of ownership; and
Whether a substantive amendment to the Sentencing Guidelines (Amendment 821) that reduces “status points” should be applied retroactively on direct appeal.

Defendant-appellant Dallas Robinson pled guilty to possessing a firearm as a felon. At sentencing the district court applied the §2K2.1(b)(6)(B) enhancement and added two criminal history “status points” under §4A1.1(e). On appeal, Robinson contested both rulings.

Summary of the Judgment

The Eleventh Circuit affirmed:

Enhancement under §2K2.1(b)(6)(B): The court held that constructive possession may be shown by a nexus between the defendant and contraband found in the same vehicle. Matching ammunition, a backpack in Robinson’s passenger-seat footwell, and his fingerprints on the gun sufficed to show dominion and control by a preponderance of the evidence and did not require proof of actual ownership.
Retroactivity of Amendment 821: The court concluded that Amendment 821 is “substantive,” not “clarifying,” because it changes the text of §4A1.1(e) and alters punishment by eliminating status points for certain defendants. Substantive amendments do not apply retroactively on direct appeal.

Analysis

Precedents Cited

United States v. Woodard, 531 F.3d 1352 (11th Cir. 2008) – Defines actual vs. constructive possession.
United States v. Ferg, 504 F.2d 914 (5th Cir. 1974) – Mere passenger status insufficient for constructive possession absent nexus.
United States v. Martinez, 588 F.2d 495 (5th Cir. 1979) – Upheld constructive possession where passenger had access keys to trunk and locked containers.
United States v. Riﬂins, 563 F.2d 1264 (5th Cir. 1977) – Participation in loading car can support knowledge of contents.
United States v. Bishop, 940 F.3d 1242 (11th Cir. 2019) – Dicta on automatic application of §2K2.1(b)(6)(B) with proximity.
Sister-circuit decisions (Perez, Slone, Eaden) – Treat note 14(B) as creating a rebuttable presumption.
United States v. Jerchower, 631 F.3d 1181 (11th Cir. 2011) – Framework for distinguishing substantive vs. clarifying guideline amendments.

Legal Reasoning

1. §2K2.1(b)(6)(B) Enhancement:

Standard of Review: Clear-error for factual findings, de novo for guideline interpretation.
Constructive Possession: Requires proof of “dominion and control” or a sufficient nexus between defendant and contraband. Robinson sat in the front passenger seat next to a backpack containing ammunition that matched his fingerprints on the firearm. This connection permitted a preponderance finding that he constructively possessed both gun and drugs.
Rebuttable Presumption Theory: Even assuming note 14(B) creates a presumption that may be rebutted by showing another person’s ownership, Robinson offered no evidence that the driver owned the backpack. The district court’s finding was therefore “plausible” and not clearly erroneous.
Automatic Application vs. Presumption: The Eleventh Circuit adopts the broader rule that proximity plus nexus suffices without requiring an express presumption; it sidesteps the circuit split by finding the enhancement properly applied under either theory.

2. Retroactivity of Amendment 821:

Guideline Amendment Classification: Clarifying amendments may be applied on direct appeal; substantive amendments cannot.
Factors Considered:
- Amendment alters the text of §4A1.1(e).
- It changes the range of punishment by removing status points for some offenders.
- The Sentencing Commission labeled it retroactive, but the court noted the Commission has done so even for substantive amendments.
- The amendment does not merely restate old law or clarify ambiguity; it effects a policy change reducing criminal history categories for qualifying defendants.
Conclusion: Because Amendment 821 is substantive, it cannot be applied retroactively on direct appeal under Jerchower. Robinson may seek relief under 18 U.S.C. §3582(c) in the district court, which is free to apply the amendment if appropriate.

Impact

This decision clarifies two important areas:

Enhanced Firearm Sentencing: Reinforces that the nexus requirement for constructive possession can be met by matching ammunition and spatial proximity, tightening guidance for district courts evaluating §2K2.1(b)(6)(B) enhancements.
Guideline Amendment Retroactivity: Reaffirms the Eleventh Circuit’s commitment to the Jerchower framework, potentially limiting direct-appeal relief for defendants impacted by future substantive amendments labeled retroactive by the Commission.

Complex Concepts Simplified

Actual vs. Constructive Possession: Actual possession means you physically hold the item. Constructive possession means you have enough control over it—even indirectly—to be legally responsible.
Clear-Error Review: A deferential standard; an appellate court will not overturn a factual finding unless it is “definitely and firmly wrong.”
Rebuttable Presumption: A rule that assumes a fact is true unless the opposing party presents evidence to the contrary.
Substantive vs. Clarifying Amendments: Clarifying amendments explain existing law; substantive amendments change the law or its penalties.

Conclusion

United States v. Robinson establishes that proximate location plus an identifiable nexus between a defendant and contraband suffices to enhance a firearms sentence under U.S.S.G. §2K2.1(b)(6)(B) without requiring proof of ownership. It also underscores that substantive guideline amendments—even if labeled retroactive—do not apply on direct appeal. Together, these holdings guide district courts on applying firearm enhancements and delineate the limits of direct-appeal relief for sentencing-guideline changes, reinforcing consistency and predictability in federal sentencing practice.