They had to stretch their rationalizations to the limit for this case. Probably the best reform would be for it to only enhance if the defendant had a substantial amount with the intention to sell. Even better only if the gun was actually used in the commission.
The Gov use of intent to distribute is so broad it is almost meaningless. Certain situations automatically get you with intent, despite there being little evidence. I know a bunch of older folks in the age 50-70 range that buy cannabis 1/4 pound at a time. If they got caught, its distribution regardless of their lack of intent.
Prosecution in this country is moving toward the UK’s version of justice which has effectively removed intent. It is Legalism at its finest, or ugliest depending on where you stand and your intention is pointless because the rules are all that matter. Common sense is the first casualty when embracing the iron fist.
Exactly. I don’t have a problem with enhancement based on carrying a club, if you use the club, or even threaten. In other words, if the club is an actual element of the crime, then sure. If it’s incidental, and the gun/club/whatever is unconnected to the actual offense, it becomes sentence pimping, IMO.