United States v. Daijon Stokes
CourtCourt of Appeals for the Eighth Circuit
Date FiledOctober 28, 2026
Docket25-2514
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-2514
___________________________
United States of America
Plaintiff - Appellee
v.
Daijon Jarell Stokes
Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Eastern
____________
Submitted: September 21, 2026
Filed: October 28, 2026
[Unpublished]
____________
Before GRUENDER, KELLY, and KOBES, Circuit Judges.
____________
PER CURIAM.
Daijon Jarell Stokes pleaded guilty to possession of a firearm by a felon. See
18 U.S.C. §§ 922(g)(1), 924(a)(8). At sentencing, the district court 1 applied a four-
level enhancement for possessing a firearm in connection with another felony
1
The Honorable C.J. Williams, Chief Judge, United States District Court for
the Northern District of Iowa.
offense, finding that Stokes’s possession of a firearm had the potential to facilitate
his drug possession. Stokes appeals, arguing the district court committed clear error
in applying the enhancement. We affirm.
In 2023, an officer stopped Stokes because the taillights on Stokes’s car did
not illuminate. During the stop, the officer detected the odor of marijuana. The
officer called for backup and told Stokes to step out of the car so officers could
conduct a search. Stokes instead fled, crashed into another vehicle, and continued
to flee on foot. He was finally arrested. Officers found two small baggies in Stokes’s
right pants pocket, one containing cocaine and the other a synthetic cannabinoid.
Officers then searched Stokes’s car. They discovered a loaded pistol on the front
dashboard against the windshield, and found marijuana, THC vape cartridges, and
synthetic cannabinoid in the car’s glove box and center console. In total, officers
recovered 3.73 grams of cocaine, 26.71 grams of marijuana, and 1.67 grams of
synthetic cannabinoid from Stokes’s person and vehicle.
The presentence investigation report recommended applying a four-level
sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B) 2 for the “use[] or
possess[ion of] any firearm or ammunition in connection with another felony
offense.” Stokes’s “[]other felony offense” for purposes of the enhancement is his
sixth offense for possession of marijuana under Iowa law. See Iowa Code
§ 124.401(5). 3
2
This provision was subsequently moved to § 2K2.1(b)(7)(B). For clarity, we
will refer to it using its former guidelines location.
3
Stokes had five prior marijuana convictions. So his instant violation for
possession of marijuana qualifies as the “[]other felony offense” for this
enhancement. See United States v. Bullock, 35 F.4th 666, 669 (8th Cir. 2022)
(holding that a third or subsequent violation for possessing marijuana under Iowa
Code § 124.401(5) qualifies as a felony offense for a § 2K2.1(b)(6)(B)
enhancement).
-2-
At sentencing, the district court applied the enhancement over Stokes’s
objection. The district court reasoned that because Stokes kept the pistol and drugs
in close proximity to each other and within his reach, he could use the pistol as
protection during drug deals. Therefore, the pistol had the potential to facilitate
Stokes’s drug possession and was used in connection with his drug offense. The
court also noted that the presence of a non-residual amount of drugs supported the
enhancement.
Stokes argues that he did not actually use the pistol to protect himself or his
drugs because he previously carried drugs without a firearm. Because Stokes
challenges the district court’s factual finding that he possessed a firearm in
connection with another felony offense, we review for clear error. See United States
v. Mitchell, 963 F.3d 729, 731 (8th Cir. 2020).
We conclude that the district court did not clearly err in finding that Stokes
possessed a pistol in connection with his drug offense. A firearm is used “in
connection” with a drug possession offense “if the firearm or ammunition facilitated,
or had the potential of facilitating, another felony offense.” U.S.S.G § 2K2.1 cmt.
n.14(A) (2024). We have repeatedly held that a defendant facilitates the crime of
drug possession when he carries a non-residual amount of drugs in public along with
a firearm within his immediate reach. See, e.g., United States v. Watkins, 91 F.4th
955, 962 (8th Cir. 2024) (collecting cases). “[W]hen a defendant concurrently
possesses drugs and a firearm while in public, like in a car,” United States v.
Swanson, 610 F.3d 1005, 1008 (8th Cir. 2010), “there are many ways in which the
weapon can facilitate the drug offense and dangerously embolden the offender,”
United States v. Smith, 535 F.3d 883, 886 (8th Cir. 2008).
Stokes possessed a loaded pistol on a public road in his car. He kept that pistol
on the dashboard, close to a non-residual amount of drugs in the center console and
glove box. We have affirmed applying the enhancement in near-identical
circumstances, where officers found drugs in the center console and a firearm on the
passenger floorboard. United States v. Bullock, 35 F.4th 666, 670 (8th Cir. 2022).
-3-
Although Stokes argues that he did not need to carry a pistol for protection because
he previously possessed drugs while unarmed, he easily could have used his pistol
to protect himself or his drugs this time. Therefore, the district court could conclude
from the record that Stokes’s possession of a firearm had the potential to facilitate
his drug possession. See id.; United States v. Almeida-Perez, 549 F.3d 1162, 1173
(8th Cir. 2008) (“[W]here there are two permissible views of the evidence, the fact-
finder’s choice between them cannot be clearly erroneous.”). The loaded pistol’s
close proximity to a non-residual amount of drugs allowed “the district court to
determine [that the drugs and the pistol] were purposefully together and not close in
proximity as a matter of coincidence.” Swanson, 610 F.3d at 1008. A district court’s
finding “that the possession of a firearm facilitated or had the potential to facilitate
drug possession will rarely be clearly erroneous.” Id. (citation modified).
Accordingly, we affirm Stokes’s sentence.
______________________________
-4-