CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit has affirmed the firearms trafficking sentencing enhancement imposed on Elias Pagan, who pleaded guilty to multiple drug and firearm offenses after selling crack cocaine and firearms to an undercover agent in Cleveland.
Pagan sold five firearms and crack cocaine across multiple transactions in 2023. The undercover agent, posing as a buyer, asked about illegal firearm modifications, used a hidden compartment in his vehicle, and bought drugs—factors the court found sufficient to establish Pagan had “reason to believe” the firearms would be used unlawfully. This met the criteria for the trafficking enhancement under U.S.S.G. § 2K2.1(b)(5) (2021).
The court rejected Pagan’s argument that the enhancement amounted to improper double counting when applied alongside a separate enhancement for the number of firearms sold. The panel found the enhancements addressed distinct aspects of the offenses—quantity versus unlawful use.
Pagan’s sentence of 100 months in prison, below the guidelines range of 121 to 151 months, remains in place following the Sixth Circuit’s ruling under Case No. 24-4102.
