Case Explained: UNITED STATES OF AMERICA v. ZERION MARCOS FRANKLIN

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-08-14 The Fourth Circuit vacated Zerion Marcos Franklin’s sentence and remanded the case for resentencing because the district court committed procedural error by applying a two-level firearm enhancement under U.S. Sentencing Guidelines § 2B1.1(b)(16)(B) without making express factual findings linking the firearm to the offenses. The court held that the phrase “in connection with” in this guideline requires a determination that the weapon facilitated or had the potential to facilitate the offense, analogous to the standard applied under § 2K2.1(b)(6)(B). While the record showed the firearm was found in Franklin’s vehicle alongside stolen checks, the district court failed to evaluate whether the gun served a purpose such as protection or emboldenment rather than being present by accident or coincidence. Because the district court did not make these necessary findings and provided no reasoned explanation for why it would have imposed the same 48-month sentence under a correct Guidelines range, the error affected Franklin’s substantial rights and seriously impacted the fairness of judicial proceedings. Consequently, the case is remanded to the district court to conduct resentencing with proper factual findings regarding the applicability of the firearm enhancement. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.