USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 1 of 6
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 23-4057
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER WRIGHT,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:21-cr-00020-JPB-JPM-1)
Submitted: September 28, 2023 Decided: October 3, 2023
Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Edward Lee Gillison, Jr., GILLISON & GILLISON LAW OFFICES, Weirton, West Virginia, for Appellant. William Ihlenfeld, United States Attorney, Clayton J. Reid, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 2 of 6
PER CURIAM:
Christopher Wright pled guilty, pursuant to a written plea agreement, to possession
of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1),
924(a)(2) (2018). 1 The district court sentenced Wright to 120 months’ imprisonment. On
appeal, Wright argues that the district court erred in calculating his advisory Sentencing
Guidelines range by applying a four-level enhancement under U.S. Sentencing Guidelines
Manual § 2K2.1(b)(6)(B) (2021), based on the court’s finding that Wright possessed a
firearm in connection with another felony offense. Finding no reversible error, we affirm.
We review a defendant’s sentence for both procedural and substantive
reasonableness “under a deferential abuse-of-discretion standard.” United States v. Lewis,
18 F.4th 743, 748 (4th Cir. 2021) (internal quotation marks omitted). In considering a
challenge to the calculation of the Sentencing Guidelines, we review the district court’s
legal determinations de novo and its factual findings for clear error. Id. “A [factual]
finding is clearly erroneous when although there is evidence to support it, the reviewing
court on the entire evidence is left with the definite and firm conviction that a mistake has
been committed.” United States v. Wooden, 887 F.3d 591, 602 (4th Cir. 2018) (internal
quotation marks omitted). “If the district court’s account of the evidence is plausible in
1 Section 924(a)(2) was amended and no longer provides the penalty for § 922(g) convictions; the new penalty provision in 18 U.S.C. § 924(a)(8) sets forth a statutory maximum sentence of 15 years’ imprisonment for a § 922(g) offense. See Bipartisan Safer Communities Act, Pub. L. No. 117-159, § 12004(c), 136 Stat. 1313, 1329 (2022). The 15-year statutory maximum does not apply in this case, however, because Wright committed his offense before the June 25, 2022, amendment of the statute.
2 USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 3 of 6
light of the record viewed in its entirety, the court of appeals may not reverse it even though
convinced that had it been sitting as the trier of fact, it would have weighed the evidence
differently.” United States v. Ferebee, 957 F.3d 406, 417 (4th Cir. 2020) (internal
quotation marks omitted).
The Sentencing Guidelines recommend a four-level enhancement if a defendant
“used or possessed any firearm or ammunition in connection with another felony offense.”
USSG § 2K2.1(b)(6)(B). A firearm was possessed “in connection with” another felony
offense if it “facilitated or had the potential of facilitating another felony,” which occurs
when the “firearm has some purpose or effect with respect to the other offense.” United
States v. Bolden, 964 F.3d 283, 287 (4th Cir. 2020) (brackets and internal quotation marks
omitted). “Another felony offense” is “any federal, state, or local offense, other than the
. . . firearms possession . . . offense, punishable by imprisonment for a term exceeding one
year, regardless of whether a criminal charge was brought, or a conviction obtained.”
USSG § 2K2.1 cmt. n.14(C). “The government bears the burden of proving the facts
supporting the enhancement by a preponderance of the evidence.” United States v.
Andrews, 808 F.3d 964, 968 (4th Cir. 2015).
Law enforcement officers responded to Wright’s apartment because his girlfriend,
Alicia Wilson, sent messages to her sister stating that Wright had tried to kill her and had,
inter alia, locked her in a bathroom, tried to wrap a wire around her neck, and stuck a 9mm
pistol in her mouth. Upon a search of the apartment pursuant to a warrant, officers
recovered ammunition, two firearms—including a 9mm caliber SCCY pistol—and a
vacuum-sealed bag of approximately 346 grams of suspected marijuana. The marijuana
3 USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 4 of 6
was found under the bed; one of the firearms was located under the mattress of the same
bed. In a subsequent written statement to law enforcement, Wilson reiterated her prior
allegations and further stated that Wright tried to shove a loaded 9mm pistol into her rectum
during sexual intercourse and had threatened to kill her and himself. Based on these facts,
the Government argued Wright’s possession of the firearm facilitated several state felony
offenses, including wanton endangerment involving a firearm, sexual assault, kidnapping,
and strangulation.
Wilson later backtracked on her statements. At sentencing, she testified that she
was uncomfortable with them because she did not remember the night in question. She
also testified that all of the firearms, ammunition, and marijuana recovered during the
search of the apartment belonged to her. The Government cross-examined Wilson and
introduced as evidence the messages she sent to her sister; her statement to police; and
photographs of bruises on her body, which were taken by police officers on the day she
provided her written statement. ATF Special Agent Heather Kozik testified about an
interview she conducted with Wilson, during which Wilson informed Kozik that she was
no longer comfortable with the written statement. 2 Wilson also told Kozik she had not
been in contact with Wright. Kozik testified that she reviewed Wright’s recorded jail phone
calls, which included calls with Wilson and additional calls with others, during which
Wright urged his friends to convince Wilson to change her story.
2 Wright entered Kozik’s report of the interview as a defense exhibit.
4 USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 5 of 6
The district court expressly discredited Wilson’s testimony, stating, “[a]fter hearing
the testimony and reviewing the documents that have been admitted into evidence, I would
say that the only thing that Ms. Wilson said today that I believe is her name.” (J.A. 63-64). 3
Free access — add to your briefcase to read the full text and ask questions with AI
USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 1 of 6
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 23-4057
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER WRIGHT,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:21-cr-00020-JPB-JPM-1)
Submitted: September 28, 2023 Decided: October 3, 2023
Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Edward Lee Gillison, Jr., GILLISON & GILLISON LAW OFFICES, Weirton, West Virginia, for Appellant. William Ihlenfeld, United States Attorney, Clayton J. Reid, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 2 of 6
PER CURIAM:
Christopher Wright pled guilty, pursuant to a written plea agreement, to possession
of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1),
924(a)(2) (2018). 1 The district court sentenced Wright to 120 months’ imprisonment. On
appeal, Wright argues that the district court erred in calculating his advisory Sentencing
Guidelines range by applying a four-level enhancement under U.S. Sentencing Guidelines
Manual § 2K2.1(b)(6)(B) (2021), based on the court’s finding that Wright possessed a
firearm in connection with another felony offense. Finding no reversible error, we affirm.
We review a defendant’s sentence for both procedural and substantive
reasonableness “under a deferential abuse-of-discretion standard.” United States v. Lewis,
18 F.4th 743, 748 (4th Cir. 2021) (internal quotation marks omitted). In considering a
challenge to the calculation of the Sentencing Guidelines, we review the district court’s
legal determinations de novo and its factual findings for clear error. Id. “A [factual]
finding is clearly erroneous when although there is evidence to support it, the reviewing
court on the entire evidence is left with the definite and firm conviction that a mistake has
been committed.” United States v. Wooden, 887 F.3d 591, 602 (4th Cir. 2018) (internal
quotation marks omitted). “If the district court’s account of the evidence is plausible in
1 Section 924(a)(2) was amended and no longer provides the penalty for § 922(g) convictions; the new penalty provision in 18 U.S.C. § 924(a)(8) sets forth a statutory maximum sentence of 15 years’ imprisonment for a § 922(g) offense. See Bipartisan Safer Communities Act, Pub. L. No. 117-159, § 12004(c), 136 Stat. 1313, 1329 (2022). The 15-year statutory maximum does not apply in this case, however, because Wright committed his offense before the June 25, 2022, amendment of the statute.
2 USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 3 of 6
light of the record viewed in its entirety, the court of appeals may not reverse it even though
convinced that had it been sitting as the trier of fact, it would have weighed the evidence
differently.” United States v. Ferebee, 957 F.3d 406, 417 (4th Cir. 2020) (internal
quotation marks omitted).
The Sentencing Guidelines recommend a four-level enhancement if a defendant
“used or possessed any firearm or ammunition in connection with another felony offense.”
USSG § 2K2.1(b)(6)(B). A firearm was possessed “in connection with” another felony
offense if it “facilitated or had the potential of facilitating another felony,” which occurs
when the “firearm has some purpose or effect with respect to the other offense.” United
States v. Bolden, 964 F.3d 283, 287 (4th Cir. 2020) (brackets and internal quotation marks
omitted). “Another felony offense” is “any federal, state, or local offense, other than the
. . . firearms possession . . . offense, punishable by imprisonment for a term exceeding one
year, regardless of whether a criminal charge was brought, or a conviction obtained.”
USSG § 2K2.1 cmt. n.14(C). “The government bears the burden of proving the facts
supporting the enhancement by a preponderance of the evidence.” United States v.
Andrews, 808 F.3d 964, 968 (4th Cir. 2015).
Law enforcement officers responded to Wright’s apartment because his girlfriend,
Alicia Wilson, sent messages to her sister stating that Wright had tried to kill her and had,
inter alia, locked her in a bathroom, tried to wrap a wire around her neck, and stuck a 9mm
pistol in her mouth. Upon a search of the apartment pursuant to a warrant, officers
recovered ammunition, two firearms—including a 9mm caliber SCCY pistol—and a
vacuum-sealed bag of approximately 346 grams of suspected marijuana. The marijuana
3 USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 4 of 6
was found under the bed; one of the firearms was located under the mattress of the same
bed. In a subsequent written statement to law enforcement, Wilson reiterated her prior
allegations and further stated that Wright tried to shove a loaded 9mm pistol into her rectum
during sexual intercourse and had threatened to kill her and himself. Based on these facts,
the Government argued Wright’s possession of the firearm facilitated several state felony
offenses, including wanton endangerment involving a firearm, sexual assault, kidnapping,
and strangulation.
Wilson later backtracked on her statements. At sentencing, she testified that she
was uncomfortable with them because she did not remember the night in question. She
also testified that all of the firearms, ammunition, and marijuana recovered during the
search of the apartment belonged to her. The Government cross-examined Wilson and
introduced as evidence the messages she sent to her sister; her statement to police; and
photographs of bruises on her body, which were taken by police officers on the day she
provided her written statement. ATF Special Agent Heather Kozik testified about an
interview she conducted with Wilson, during which Wilson informed Kozik that she was
no longer comfortable with the written statement. 2 Wilson also told Kozik she had not
been in contact with Wright. Kozik testified that she reviewed Wright’s recorded jail phone
calls, which included calls with Wilson and additional calls with others, during which
Wright urged his friends to convince Wilson to change her story.
2 Wright entered Kozik’s report of the interview as a defense exhibit.
4 USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 5 of 6
The district court expressly discredited Wilson’s testimony, stating, “[a]fter hearing
the testimony and reviewing the documents that have been admitted into evidence, I would
say that the only thing that Ms. Wilson said today that I believe is her name.” (J.A. 63-64). 3
The court explained that it believed Wilson’s original statement to police, “consistent with
the [messages] that she sent on the night in question,” accurately described the relevant
events. (J.A. 64). The court therefore applied the four-level enhancement under
USSG § 2K2.1(b)(6)(B) based on its finding that a firearm was used “in the assault upon
Ms. Wilson.” (J.A. 64).
On appeal, Wright contends that the Government failed to establish the
enhancement applied because its evidence was “not properly authenticated” and included
Wilson’s statements that she had since disclaimed. He also contends that the district court
failed to make sufficient findings to support the enhancement.
Preliminarily, Wright offers no specific challenge to the authenticity of the
Government’s evidence, and the Federal Rules of Evidence do not apply to sentencing
proceedings. Fed. R. Evid. 1101(d)(3); see United States v. Powell, 650 F.3d 388, 392
(4th Cir. 2011) (explaining sentencing court may “consider any relevant information before
it . . . , provided that the information has sufficient indicia of reliability to support its
accuracy”). Accordingly, the district court did not plainly err by accepting and considering
the Government’s evidence at sentencing. See United States v. Fowler, 948 F.3d 663, 669
(4th Cir. 2020) (stating standard of review for arguments raised for first time on appeal).
3 “J.A.” refers to the joint appendix filed by the parties in this appeal.
5 USCA4 Appeal: 23-4057 Doc: 26 Filed: 10/03/2023 Pg: 6 of 6
Wright’s substantive challenge—that the Government’s evidence was insufficient to
support the enhancement because Wilson later changed her story—fails because the district
court credited Wilson’s original statements and explicitly discredited the later testimony
on which Wright’s argument relies. Finally, based on all the relevant evidence, the court
expressly found that Wright used or possessed a firearm in connection with another felony
offense committed during the assault on Wilson. We discern no clear error in this finding.
See, e.g., State v. Bell, 565 S.E.2d 430, 434-35 (W. Va. 2002) (explaining that in West
Virginia, “an individual commits wanton endangerment if he wantonly performs any act
with a firearm which creates a substantial risk of death or serious bodily injury to another”
(internal quotation marks omitted)).
We therefore affirm the district court’s judgment. We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
AFFIRMED