Sunday, December 7

Sixth Circuit upholds sentence for Michigan felon caught with guns and drugs in multiple incidents

CINCINNATI, OHIO — The U.S. Court of Appeals for the Sixth Circuit has upheld the sentence of George William Henry, a Michigan man who pleaded guilty to two firearms charges related to a drug-trafficking investigation in Kalamazoo.

Henry was arrested in January 2023 after police executed a search warrant at his residence and found 30 grams of crack cocaine, distribution paraphernalia, and two loaded firearms, including an AR-15-style rifle with a bump stock. He admitted to possessing the firearms and told investigators he kept them for protection.

Later incidents involving Henry included an August 2023 arrest during which officers found crack cocaine packaged for sale and a stolen handgun in a vehicle. In November 2023, Henry was stopped again and found with more cocaine and a loaded handgun that was later linked to a homicide and attempted homicide.

He was indicted federally in November 2023 for firearms and drug trafficking charges related to the January and August incidents. Henry ultimately pleaded guilty to being a felon in possession of a firearm and possessing a firearm in furtherance of a drug trafficking crime. Other charges were dismissed as part of the plea agreement.

At sentencing, the court considered the January and November incidents part of an ongoing pattern of drug distribution and firearm possession throughout 2023. It applied a two-level enhancement under the sentencing guidelines for involvement of three or more firearms. Henry received a sentence of 46 months on the felon-in-possession charge and a consecutive 60 months for the firearm-in-drug-trafficking offense.

Henry appealed, arguing that the November incident was not “relevant conduct” under the guidelines. The Sixth Circuit disagreed, finding sufficient similarity, regularity, and timing between the events to justify the enhancement. The court noted all incidents involved distribution-ready drugs and loaded 9mm firearms.

The sentence imposed by the district court remains in effect following the appellate decision.

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