Buying Drugs with a Gun Does Not Require Heightened Sentences

A gun used to purchase drugs does not qualify a defendant for longer sentences under the U.S. Sentencing Guidelines

 United States v. Gates, 2017 BL 879, 7th Cir., No. 16-2193, 1/4/17.

The Seventh Circuit ruled that sentence enhancement for the commission of a drug crime cannot stem from the presence of a weapon used only for the exchange of drugs. The court recognized that the enhancement is generally applied only when the weapon is used in the commission of the drug crime. In this case, the gun was used as payment for drugs and as satisfaction for a prior debt. The court, noting how little a role the weapon played in the actual exchange, even outlined how the gun was stored and transported before the drug deal.

http://www.bloomberglaw.com/public/document/United_States_v_Gates_No_162193_2017_BL_879_7th_Cir_Jan_04_2017_C/1.