# United States v. Kenneth Ingram

> Court of Appeals for the Eleventh Circuit · July 8, 2025

URL: https://www.frixlaw.com/law-library/cases/11091148

## Case

- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** July 8, 2025
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Nature of suit:** NEW
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit

____________________

No. 23-11251
Non-Argument Calendar
____________________

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH INGRAM,

Defendant-Appellant.

____________________

Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 3:19-cr-00113-MCR-2
____________________
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2 Opinion of the Court 23-11251

Before JILL PRYOR, KIDD, and WILSON, Circuit Judges.
PER CURIAM:
A jury found Kenneth Ingram guilty of committing two con-
trolled substance offenses. The district judge sentenced him to 70
months of imprisonment. He now appeals, challenging the judge’s
denial of his request to file an out-of-time suppression motion as
well as the calculation of his sentencing guideline range. After care-
ful review, we affirm.
I. BACKGROUND
In January 2019, the Walton County Sheriff’s Office, with
the assistance of the Drug Enforcement Administration (“DEA”),
began investigating a drug trafficking network in Walton County,
Florida, that involved Ingram; Ingram’s son, Kadeem Ingram (“Ka-
deem”); and Terrell Burdette. Intercepted communications and
surveillance revealed that Kadeem worked with Ingram to obtain,
store, and provide cocaine and cocaine base to Burdette for further
distribution. Ingram would rent cars for himself and Kadeem to use
during drug sales and trips to Miami to obtain cocaine from their
suppliers. In July 2019, officers stopped Kadeem and Ingram one
evening as they were returning from a trip to Miami and searched
their car. The officers found approximately 1,000 grams of cocaine,
approximately $4,000, and 3 cellphones.
The next day, officers executed a search warrant at Ingram’s
residence. In one bedroom, officers found a spoon with a white
powdery residue, a digital scale, a black backpack covered in white
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23-11251 Opinion of the Court 3

residue containing multiple plastic bags, a zip-lock bag with caf-
feine inside, and several unloaded rifles and shotguns. In another
bedroom, officers found a loaded handgun sitting on a dresser, a
digital scale covered in white residue, a plastic bag containing sus-
pected marijuana, unloaded shotguns, and legitimate prescription
pills belonging to Ingram and his wife. Officers also seized a metal
cocaine press and floor jack in another room of the house.
In September 2019, Ingram, Kadeem, Burdette, and two oth-
ers were indicted in connection with this drug trafficking activity.
Specifically, Ingram was charged with (1) knowingly and willfully
conspiring to distribute and possessing with intent to distribute a
controlled substance, in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(B)(ii), (b)(1)(B)(iii) and 846 (Count One), and (2) possession
with intent to distribute 500 grams or more of a mixture and sub-
stance containing cocaine, in violation of 21 U.S.C. § 841(a)(1),
(b)(1)(B)(ii) and 18 U.S.C. § 2 (Count Nine). Ingram pleaded not
guilty to both counts.
A. Pretrial Matters and Ingram’s First Trial
On October 4, 2019, the district court issued a scheduling
order setting a filing deadline for pretrial motions of 10 days after
the date of the order and calendaring a joint trial for Ingram and
Kadeem for the following month. Three days later, Alfreda Cow-
ard, Ingram’s retained counsel, entered her appearance in the case.
Due to several continuance motions and delays from the
COVID-19 pandemic, the trial was continued to November 2020
and the filing deadline for pretrial motions was reset to September
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30, 2020. On the deadline, Attorney Coward filed a motion to sup-
press evidence and statements obtained from Ingram as a result of
the July 2019 traffic stop. Following an evidentiary hearing, the dis-
trict judge denied the motion.
Ingram thereafter pleaded guilty to Counts One and Nine
before a magistrate judge, and the district judge accepted his plea.
As preparation began for sentencing, Attorney Coward withdrew,
and the court appointed the Office of the Federal Public Defender
to represent Ingram. Months after the court issued its order ap-
pointing Ingram new counsel, Thomas Cassidy, III, filed his notice
of appearance. Ingram then moved, through Attorney Cassidy, to
withdraw his guilty plea, but the court denied the motion.
The court originally set sentencing for October 2021, but
that date was continued when Attorney Cassidy informed the
court that he failed to provide Ingram with a copy of his presen-
tence investigation report (“PSI”) and did not otherwise review the
PSI with his client. Due to this conduct, as well as concerns over
Attorney Cassidy’s lack of responsiveness, the court appointed In-
gram new counsel. Later that month, Christopher Rabby filed his
notice of appearance in Ingram’s case.
In February 2022, Attorney Rabby filed a new motion to
withdraw Ingram’s guilty plea, arguing that another attorney who
had been involved in Ingram’s and Kadeem’s “mutual defense
team” engaged in fraud, sabotaged their criminal case, and encour-
aged them to plead guilty. The district court granted the motion
on February 25, 2022, and cancelled sentencing.
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The same day, the court entered an order scheduling a new
trial for Ingram and Kadeem, and setting a deadline of 14 days from
the date of the order for filing pretrial motions. The order also re-
quired motions in limine to be filed at least 14 days before trial.
Following a telephone conference with the parties in March 2022,
the court continued the trial date and modified its earlier schedul-
ing order to “not permit any new motion to suppress evidence re-
lated to the vehicle stop,” because: (1) “this case was filed in Sep-
tember 2019, and the deadline for pretrial motions ha[d] long past”;
(2) both defendants had filed motions to suppress, which were fully
litigated and denied on the merits; and (3) “discovery ha[d] been
available to, and reviewed by, [d]efendants’ attorneys over the past
two years.”
In April 2022, Attorney Rabby moved on Ingram’s behalf to
file an out-of-time motion to suppress evidence recovered from the
July 2019 search of Ingram’s house. Attorney Rabby stressed that
he was Ingram’s third lawyer and that he had determined that filing
this motion was “appropriate and well founded” after a review of
discovery and discussion of the case with Ingram. The proposed
motion to suppress, which was attached to the filing, argued that
the search of Ingram’s house was unlawful because the affidavit
supporting the search warrant did not sufficiently establish proba-
ble cause and the officers did not execute the warrant in good faith.
The government responded in opposition, arguing that Ingram
failed to show good cause to extend the pretrial motions deadline
because the search warrant challenged in the motion was made
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6 Opinion of the Court 23-11251

available to Ingram in November 2019, but his previous counsel
chose not to contest it in the September 2020 suppression motion.
The district court denied the request to file the out-of-time
motion to suppress. The court found that the deadline for pretrial
motions was 10 days after the entry of its October 2019 order orig-
inally setting Ingram’s and Kadeem’s case for trial, but it had al-
lowed Ingram to file one late motion to suppress in September
2020. The court concluded that, although Attorney Rabby was not
appointed until October 2021, this fact did not constitute good
cause for extending the filing deadline because it was undisputed
that the residential search warrant challenged in the proposed mo-
tion to suppress had been available to Ingram for years.
Before trial, Ingram filed a motion in limine requesting to
exclude the introduction of the guns recovered from his home as
trial evidence. The court granted the motion as to the unloaded
shotguns and rifles but denied the motion with respect to the hand-
gun. Ingram and Kadeem then proceeded to trial in June 2022, but
the court declared a mistrial after Ingram suffered a medical emer-
gency on the third day of trial.
B. Ingram’s Second Trial
Ingram’s and Kadeem’s second trial was held in August
2022, at which time Attorney Rabby orally renewed his motion in
limine, asking for the handgun also to be excluded from the trial
evidence, and his request to file the out-of-time motion to suppress
the evidence obtained from the search of Ingram’s house. Relying
on its previous reasoning, the district court denied these requests.
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During trial, the government called several witnesses, in-
cluding co-conspirator Burdette, who testified to the following rel-
evant information. He explained that he had pleaded guilty to his
charges and entered an agreement under which the government
would move for a reduced sentence in exchange for his substantial
and truthful cooperation in the case. Burdette also admitted to hav-
ing abused drugs for much of his life and to having a “disgustingly
embarrassing criminal history.” In May 2018, Burdette was work-
ing with Kadeem, who obtained drugs from suppliers in Tampa
and Miami and provided Burdette with cocaine and crack cocaine
to sell to customers. Kadeem and Ingram rented cars in Ingram’s
name, and the two would travel together to south Florida to obtain
cocaine. When they returned from their trips, Kadeem would store
the drugs in his bedroom at Ingram’s house.
Burdette further testified that Kadeem kept a cocaine press
at Ingram’s house and cooked crack cocaine at the house dozens of
times, occasionally in Ingram’s presence. Burdette stated that it
was “common knowledge” that Ingram “always carried his firearm
with him” on his trips to obtain drugs, although Burdette did not
personally accompany Ingram or Kadeem on these trips. However,
Burdette observed Ingram with the firearm when he went with Ka-
deem and Ingram on a trip to Texas to purchase a vehicle.
Following a three-day trial, the jury found Ingram guilty of
Counts One and Nine.
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8 Opinion of the Court 23-11251

C. Ingram’s Sentencing and Post-Judgment Motions
Ingram’s final PSI grouped together Counts One and Nine
and provided a base offense level of 34, as Ingram was held ac-
countable for at least 50 kilograms, but less than 150 kilograms, of
cocaine. United States Sentencing Guidelines Manual § 2D1.1(c)(3)
(Nov. 2021). The PSI also assessed a two-level enhancement for
possession of a dangerous weapon due to the guns found in In-
gram’s home and Burdette’s testimony that Ingram carried his gun
on trips to obtain drugs, id. § 2D1.1(b)(1), as well as a two-level en-
hancement for maintaining premises for the manufacturing or dis-
tributing of controlled substances, id. § 2D1.1(b)(12), resulting in a
total offense level of 38. The PSI calculated a criminal history cate-
gory of I, as Ingram had only one adult criminal conviction, for vi-
olating a city ordinance, which did not receive any criminal history
points. Id. § 4A1.2(c)(2). Based on these calculations, the PSI deter-
mined that Ingram’s advisory guideline range was 235 to 293
months of imprisonment.
Ingram filed several objections to the PSI, including chal-
lenges to the imposition of the two-level firearm enhancement and
the PSI’s failure to apply safety-valve relief.
The district court held a joint sentencing for Ingram and Ka-
deem in March 2023. As relevant to this appeal, the court first
found Ingram responsible for 25.5 kilograms of cocaine and recal-
culated his base offense level as 32. Turning to the guideline dis-
putes, Ingram reiterated his objection to the firearm enhancement,
noting that (1) he “had a concealed firearms permit,” (2) the
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23-11251 Opinion of the Court 9

handgun was found on his nightstand, which is “where a lot of peo-
ple would maintain a firearm for self home protection,” (3) there
was no cocaine found during the search of his house, (4) officers
did not recover a firearm during the earlier traffic stop, and (5) Bur-
dette’s testimony was the only evidence to support the enhance-
ment.
The court overruled the objection, finding that the issue was
a “close call” due to Ingram’s concealed weapons permit and the
fact that “he [c]ould have had the firearm for his personal protec-
tion, not necessarily to protect the drugs.” However, the court con-
cluded that it was not “clearly improbable” that the gun was con-
nected to the offense given the amount of drugs stored and manu-
factured at Ingram’s house, the amount of money involved in the
operation, and Burdette’s testimony that Ingram always had a fire-
arm. Further, after Kadeem conceded that he was ineligible for
safety-valve relief because he had not shown “an accounting of [his]
activities to the government,” Ingram conceded the same, stating
that he “ha[d] not been able to present . . . evidence to the govern-
ment to meet that necessary element of the safety valve.”
After resolving the remaining guideline issues, including sus-
taining Ingram’s objection to the two-level premises enhancement,
the court calculated Ingram’s total offense level at 34 and criminal
history category at I, yielding a guideline range of 151 to 188
months. Ingram requested a downward departure or variance to
“as close to [the five-year mandatory minimum sentence] as possi-
ble,” based on his age, medical conditions, former employment as
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10 Opinion of the Court 23-11251

a prison guard, and status as a first-time offender. Ingram then al-
locuted, emphasizing his poor health and innocence. He also stated
that he kept the firearm near his bed for protection and took the
gun with him on hunting trips, but never on trips to procure drugs.
The court departed downward “primarily [under]
[U.S.S.G. §] 5H1.4,” citing Ingram’s serious medical conditions,
and sentenced Ingram to 70 months of imprisonment on each
count, to run concurrently, with 5 years of supervised release to
follow. When the government asked the court whether the “sen-
tence would have been the same regardless of the rulings on the
guidelines,” the district judge responded, “Yes . . . . [W]e spent a lot
of time on the guidelines, I certainly took them into account, and I
think they[] [a]re accurately calculated, but my decision is based
under [18 U.S.C. §] 3553(a).”
Ingram appealed, and, while his appeal was pending with
this Court, moved for compassionate release, 18 U.S.C.
§ 3582(c)(1)(A), and a sentence reduction based on Amendment
821 to the Sentencing Guidelines, id. § 3582(c)(2). We granted In-
gram’s motion to stay this appeal pending the resolution of his mo-
tions in the district court. The motions were denied in December
2024, and Ingram did not separately appeal them.
II. STANDARD OF REVIEW
We review a district court’s denial of a motion to suppress
on grounds of timeliness for an abuse of discretion. United States v.
Andres, 960 F.3d 1310, 1315 (11th Cir. 2020). We “review[] de novo
the district court’s interpretation of the guidelines and its
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23-11251 Opinion of the Court 11

application of guidelines to the facts” but review the district court’s
findings of fact at sentencing for clear error. United States v. Moran,
778 F.3d 942, 959 (11th Cir. 2015). “We [also] review de novo ques-
tions of law dealing with the Guidelines.” United States v. Kapordelis,
569 F.3d 1291, 1314 (11th Cir. 2009). However, where any consti-
tutional or sentencing challenges are raised for the first time on ap-
peal, we review only for plain error. See United States v. Ramirez-Flo-
res, 743 F.3d 816, 821 (11th Cir. 2014); United States v. Wright,
607 F.3d 708, 715 (11th Cir. 2010).
III. DISCUSSION
A. Request To File Out-of-Time Suppression Motion
Ingram argues that the district court’s denial of his request
to file an out-of-time suppression motion challenging the search of
his house was an abuse of discretion and violated his rights to due
process and effective assistance of counsel. He asserts that it pre-
vented him from benefitting from the issues that Attorney Rabby
found important, and instead limited him “to what [his] previous
attorneys . . . deemed appropriate and sufficient.” He maintains
that, if he had been allowed to pursue the suppression motion, it
would have been meritorious, it would have resulted in the exclu-
sion of prejudicial evidence from trial, and it would have made him
eligible for a lower sentence. Ingram further argues that there was
good cause to extend the pretrial motions filing deadline, empha-
sizing the impact of the COVID-19 pandemic, the short time Attor-
ney Rabby had to become familiar with the case, the change in cir-
cumstances once he withdrew his guilty plea, and the fact that the
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12 Opinion of the Court 23-11251

court ruled on his motion in limine without objection. We find In-
gram’s arguments unpersuasive.
Rule 12 of the Federal Rules of Criminal Procedure provides
that certain pretrial motions, including motions to suppress evi-
dence, must be filed before a court-set deadline. Fed. R. Crim. P.
12(b)(3)(C), (c). While a pretrial motion filed beyond a court-set
deadline is untimely, a court may consider the untimely motion if
the filing party “shows good cause.” Id. R. 12(c)(3).
While the court’s deadline for filing pretrial motions in In-
gram’s case expired in 2019, before Attorney Rabby was appointed,
Ingram does not contest that he and his previous counsel had all
the information necessary to challenge the residential search war-
rant when he filed his first (late) pretrial motion in September 2020.
It was therefore not an abuse of discretion for the district court to
find that Ingram had not shown good cause to extend the pretrial
motions deadline once again to allow him to file another late mo-
tion in April 2022, when the case had been pending in the district
court for almost three years. See id.; United States v. Curbelo, 726 F.3d
1260, 1267 (11th Cir. 2013) (“No good cause exists if the defendant
had all the information necessary to bring a Rule 12(b) motion be-
fore the date set for pretrial motions, but failed to file it by that
date.” (quotation marks omitted)); Andres, 960 F.3d at 1316 (“Nei-
ther a strategic decision nor inadvertence constitutes good cause.”).
Further, because Ingram never asserted in the district court
that the denial of this request violated his constitutional rights, he
must show plain error on appeal, and he has failed to do so. See
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Wright, 607 F.3d at 715. “It is the law of this circuit that, at least
where the explicit language of a statute or rule does not specifically
resolve an issue, there can be no plain error where there is no prec-
edent from the Supreme Court or this Court directly resolving it.”
United States v. Morales, 987 F.3d 966, 976 (11th Cir. 2021) (quoting
United States v. Lejarde-Rada, 319 F.3d 1288, 1291 (11th Cir. 2003)).
Ingram has not pointed to any decision from this Court or the Su-
preme Court holding that a district court’s denial of a motion to
suppress as untimely violates a defendant’s rights to due process or
effective assistance of counsel where the filing deadline preceded
the appointment of a subsequent attorney. Id.
Accordingly, we cannot say that the district court abused its
discretion, or otherwise erred, in denying Ingram’s request to file
an out-of-time motion to suppress the evidence recovered from the
search of his home.
B. U.S.S.G. § 4C1.1(a) Zero-Point Offender Adjustment
Ingram contends that he is entitled to a reduction to his sen-
tence based on Amendment 821 to the Sentencing Guidelines,
which added U.S.S.G. § 4C1.1(a). Under § 4C1.1(a)’s zero-point of-
fender adjustment, a court must decrease a defendant’s offense
level by two levels if, as relevant here, the defendant does not have
any criminal history points and “did not possess . . . a firearm or
other dangerous weapon . . . in connection with the offense.”
U.S.S.G. § 4C1.1(a).
Because Ingram raises this argument for the first time on ap-
peal, he must show plain error. Ramirez-Flores, 743 F.3d at 821.
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However, he cannot show error, much less plain error, because, at
the time of his March 2023 sentencing, Amendment 821 had not
yet taken effect. See United States Sentencing Commission, Adopted
Amendments (Effective November 1, 2023), Amendment 821. Sentenc-
ing courts should normally apply the version of the guidelines in
effect at the time of sentencing unless doing so would result in a
harsher penalty, in which case the district court should apply the
version of the guidelines in effect at the time of the offense. United
States v. Masferrer, 514 F.3d 1158, 1163 (11th Cir. 2008); 18 U.S.C.
§ 3553(a)(4)(A)(i)–(ii). As such, the district court appropriately uti-
lized the November 2021 Guidelines Manual to calculate Ingram’s
advisory guideline range and did not err in failing to consider the
applicability of the not-yet-effective zero-point offender adjust-
ment. See Masferrer, 514 F.3d at 1163.
Ingram maintains that his sentence should be reduced be-
cause he meets § 4C1.1(a)’s criteria, Amendment 821 applies retro-
actively, and “[h]is judgment is not final,” as his case is currently on
appeal. Although he is correct that this amendment applies retro-
actively as of February 2024, Ingram is incorrect about the finality
of his judgment. See United States Sentencing Commis-
sion, Adopted Amendments (Effective November 1, 2023), Amend-
ment 825. Ingram’s judgment became final for the purposes of this
appeal when the district court sentenced him to a term of 70
months of imprisonment, and Ingram’s subsequent filing of post-
judgment motions in the district court did not affect the finality of
the judgment. See 18 U.S.C. § 3582(b).
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Ingram appropriately pursued Amendment 821 relief in the
district court while this case was pending on appeal. Id. § 3582(c).
The district court denied his motion. At that point, Ingram should
have appealed the motion’s denial if he wanted to raise his argu-
ment about the zero-point offender adjustment with our Court. In-
stead, he forfeited that opportunity and improperly chose to raise
the issue in this direct appeal of his criminal judgment, which was
rendered before § 4C1.1(a) became effective. We are therefore
without authority to provide Ingram with the relief he requests in
this appeal. See United States v. Puentes, 803 F.3d 597, 605–06 (11th
Cir. 2015) (A “district court has no inherent authority to modify a
sentence; it may do so only when authorized by a statute or rule.”).
We thus conclude that the district court did not plainly err
by failing to apply § 4C1.1(a)’s zero-point offender adjustment
when calculating Ingram’s advisory guideline range.
C. U.S.S.G. § 2D1.1(b)(1) Firearm Enhancement
Ingram argues that the district court clearly erred in impos-
ing the two-level § 2D1.1(b) enhancement based on the handgun
found in his bedroom because the only evidence supporting the
enhancement came from the unreliable testimony of Burdette, a
convicted felon who testified for the government in exchange for a
reduced sentence. He further emphasizes that he had a permit for
the handgun and kept it for personal protection.
Section 2D1.1(b)(1) directs courts to apply a two-level in-
crease to the offense level of a defendant for a crime involving the
trafficking or possession of a controlled substance “[i]f a dangerous
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16 Opinion of the Court 23-11251

weapon (including a firearm) was possessed.”
U.S.S.G. § 2D1.1(b)(1). “The government bears the initial burden
of showing, by a preponderance of the evidence, that a firearm was
‘present’ at the site of the charged conduct or that the defendant
possessed it during conduct associated with the offense of convic-
tion.” United States v. George, 872 F.3d 1197, 1204 (11th Cir. 2017). If
the government makes this initial showing, the burden shifts to the
defendant to show that the connection between the weapon and
the offense was “clearly improbable.” Id. (quotation marks omit-
ted).
Here, the government met its initial burden by establishing
the proximity between the loaded handgun and the drug parapher-
nalia found in Ingram’s house. Id.; see United States v. Carillo-Ayala,
713 F.3d 82, 91 (11th Cir. 2013) (“[P]roximity between guns and
drugs, without more, is sufficient to meet the government’s initial
burden. . . .”); United States v. Pham, 463 F.3d 1239, 1246 (11th Cir.
2006) (Where the offense of conviction is conspiracy, the
§ 2D1.1(b)(1) enhancement can apply “if the firearms are found in
a place where acts in furtherance of the conspiracy took place.”).
While Ingram asserted that he used the handgun for per-
sonal protection rather than for any drug-related purposes, the dis-
trict court reasonably determined that this argument was insuffi-
cient to meet the burden of showing that the connection between
the loaded handgun and Ingram’s offenses was “clearly improba-
ble,” especially given Burdette’s testimony to the contrary. George,
872 F.3d at 1204; see also United States v. Cruickshank, 837 F.3d 1182,
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1192 (11th Cir. 2016) (“[A] district court’s choice between two per-
missible views of the evidence . . . rarely constitutes clear error,” so
long as it is supported by the record and not influenced by a mis-
take of law (quotation marks omitted)). Although Ingram chal-
lenges Burdette’s credibility on appeal, the district court’s decision
to credit Burdette’s trial testimony, during which he candidly
acknowledged his “embarrassing” criminal history and indicated
that Kadeem stored substantial quantities of cocaine at Ingram’s
house and that Ingram always carried his gun, is a determination
to which we give “substantial deference.” United States v. Plasencia,
886 F.3d 1336, 1343 (11th Cir. 2018) (quotation marks omitted).
In any event, even if Ingram were correct that the district
court clearly erred in calculating his guideline range, such an error
was harmless, as it “did not affect the district court’s selection of
the sentence imposed.” Williams v. United States, 503 U.S. 193, 203
(1992). To know whether an error “was truly harmless,” we first
must know whether “the district court would have reached the
same result even if it had decided the guidelines issue the other
way.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
We then must determine whether the ultimate sentence “would
be reasonable even if the guidelines issue had been decided in [In-
gram’s] favor.” Id.
Here, the district court explicitly stated that Ingram’s
70-month sentence, which was below his guideline range, would
have been the same regardless of the court’s rulings on the guide-
line objections. Id. If the court had sustained Ingram’s objection to
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18 Opinion of the Court 23-11251

the firearm enhancement, his offense level would have been low-
ered by 2 levels to 32, resulting in a guideline range of 121 to 151
months. Ingram has the burden of showing that his 70-month sen-
tence was unreasonable under this lower guideline range, and he
has not made any argument on appeal regarding the substantive
reasonableness of his sentence to sustain that burden. Id. at 1350.
There is also no support for such an argument, as the record
reveals that the district court carefully considered the relevant
18 U.S.C. § 3553(a) factors and thoroughly explained its decision to
depart downward from Ingram’s calculated guideline range to ac-
count for the mitigating circumstances he presented, including his
serious health concerns. See United States v. Irey, 612 F.3d 1160,
1189–90 (11th Cir. 2010) (en banc). Additionally, Ingram’s
70-month sentence would still fall below the hypothetical lower
guideline range, and it is significantly below the applicable statu-
tory maximum of 40 years of imprisonment, which is further indic-
ative of reasonableness. 21 U.S.C. § 841(b)(1)(B); see United States v.
Muho, 978 F.3d 1212, 1227 (11th Cir. 2020) (“[S]entences that fall
within the Guidelines range or that are below the statutory maxi-
mum are generally reasonable.”).
Ingram also argues that the imposition of the firearm en-
hancement impacted his eligibility for safety-valve relief. We disa-
gree. While a defendant who “possess[es] a firearm or other dan-
gerous weapon . . . in connection with [his] offense” is not eligible
for safety-valve relief, the district court never found that Ingram
was not qualified for relief on this basis. See 18 U.S.C. § 3553(f)(2).
USCA11 Case: 23-11251 Document: 78-1 Date Filed: 07/08/2025 Page: 19 of 19

23-11251 Opinion of the Court 19

Instead, Ingram’s counsel conceded at sentencing that Ingram was
ineligible for safety-valve relief based on his failure to provide the
necessary information to the government. See id. § 3553(f)(5);
U.S.S.G. §§ 2D1.1(b)(18), 5C1.2.
Finally, Ingram also appears to argue that the imposition of
the firearm enhancement violated his Second Amendment rights
under New York State Rifle & Pistol Assn. v. Bruen, 597 U.S. 1 (2022),
because, prior to his felony convictions, he could lawfully possess
the handgun that provided the basis for the enhancement. Ingram
did not raise this argument before the district court and cannot
now show plain error on appeal. See Wright, 607 F.3d at 715. He has
not pointed to any precedent from this Court or the Supreme
Court establishing that the application of a sentencing enhance-
ment or denial of a safety-valve reduction due to a defendant’s pos-
session of a firearm in connection with a drug trafficking crime im-
plicates Second Amendment protections. Morales, 987 F.3d at 976.
Accordingly, we conclude that the district court did not
commit reversible error in imposing the § 2D1.1(b)(1) enhance-
ment.
IV. CONCLUSION
For the reasons stated above, we AFFIRM Ingram’s convic-
tions and sentence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11091148. Public record. Not legal advice.