Description:
Muskogee, Oklahoma criminal defense lawyer represented the Defendant charged with felony possession of a firearm.

Police officers responded to a 911 call reporting a domestic altercation between Mr. Workman and his girlfriend, R.P., at Mr. Workman’s trailer. They found a firearm in Mr. Workman’s pant leg and unspent ammunition in his pant
pocket. They also interviewed R.P. and obtained information about the altercation from a witness. Police later prepared an affidavit to obtain an arrest warrant.

At sentencing, the district court found that he had assaulted his girlfriend with a firearm. The court applied a sentencing enhancement under United States Sentencing Guideline (“U.S.S.G.”) § 2K2.1(b)(6)(B) for using or possessing a firearm in connection with a felony.

According to several witnesses, the defendant assaulted R.P. at the trailer and he had a firearm in his possession. . . . The couple was observed walking from the defendant’s trailer to a nearby field. Witnesses lost sight of the couple but reportedly heard a gunshot and were concerned for R.P.’s safety.

Deputies interviewed R.P. and several witnesses at the scene. [R.P.] [b]elieve[d] the defendant assaulted her because he was paranoid and thought that she was having an affair. She also suspected their lack of methamphetamine contributed to the fight. R.P. described defendant pushed her several times and struck her with his hands, feet, the firearm, and a rock. He then forced her to the field and asked her where she wanted to be buried. The defendant pointed the pistol at R.P. and fired it. The fired round hit the ground near R.P.’s head.

The PSR said that agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives interviewed Mr. Workman. During the interview, Mr. Workman said:  He possessed the firearm but did not fire it at R.P.  R.P. hit him with a dog chain and he slapped her in response.  He and R.P. went to a field to look for arrowheads.  He kept one spent casing in his pistol to avoid accidentally shooting himself. The PSR recommended a four-level enhancement for “us[ing] or possess[ing]
any firearm or ammunition in connection with another felony offense.” U.S.S.G. § 2K2.1(b)(6)(B). 2 It said Mr. Workman assaulted R.P. when he hit her with his hands and the firearm, led her to a field and threatened to kill her, and fired his gun into the ground near her head.

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When a defendant objects to a PSR’s facts, the government must prove those facts by a preponderance of the evidence. United States v. McDonald, 43 F.4th 1090, 1096 (10th Cir. 2022); United States v. Flonnory, 630 F.3d 1280, 1285-86 (10th Cir. 2011). The district court must rule on the dispute in a “definite and clear” manner. United States v. Peña-Hermosillo, 522 F.3d 1108, 1111 (10th Cir. 2008) (quotations omitted). It may consider hearsay evidence such as
a police report so long as it “has sufficient indicia of reliability to support its probable accuracy.” U.S.S.G. § 6A1.3(a); see also United States v. Beaulieu, 893 F.2d 1177, 1180 (10th Cir. 1990)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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