The Tenth Circuit Court of Appeals has upheld the sentence of Glen Delane Arnett, Jr., who was convicted for being a felon in possession of a firearm. The court's decision, issued on July 14, 2026, addresses the implications of his prior drug convictions and the enhancement of his sentence based on marijuana possession. This ruling is significant as it clarifies how prior convictions can influence sentencing in firearm possession cases.
The case originated when Oklahoma City police officers stopped Arnett's vehicle in February 2023. During the stop, officers discovered that Arnett, a convicted felon, was sitting on a loaded handgun. They also found several ounces of marijuana in his car. Arnett was indicted on three charges but was convicted only of being a felon in possession of a firearm, leading to a 77-month prison sentence.
The dispute in this case centered around the sentencing enhancement applied to Arnett based on his marijuana possession. The district court added four levels to his sentence under U.S. Sentencing Guidelines § 2K2.1(b)(6)(B), which applies if a firearm is possessed in connection with another felony offense. The court classified Arnett's marijuana possession as a felony due to his prior drug convictions, which he challenged on appeal.
Arnett's appeal focused on the enhancement's application, arguing that the district court erred by treating his simple marijuana possession as a felony under federal law. The Tenth Circuit judges, including Circuit Judge Rossman, reviewed the case under a plain error standard since Arnett did not raise these arguments during the initial trial. The court ultimately affirmed the district court's decision, stating, "The evidence of Mr. Arnett's possession of the marijuana was overwhelming, and the district court's findings were supported by more than a preponderance of the evidence."
The ruling clarifies that prior convictions can significantly impact sentencing, particularly in firearm possession cases. The Tenth Circuit's decision reinforces the legal principle that even if a defendant is acquitted of certain charges, this does not negate the court's ability to consider related conduct during sentencing. This case may set a precedent for future cases involving similar circumstances, particularly regarding how prior drug convictions are treated in relation to firearm possession.
Looking ahead, Arnett's case could potentially be appealed to the Supreme Court, but details on any such plans were not available in the court filing. The implications of this ruling may influence how lower courts handle similar cases, especially regarding the intersection of drug offenses and firearm possession.