Possessing Ammunition Does Not Bar a Defendant from Safety Valve

18 U.S.C. § 3553(f) allows courts to sentence defendants below the mandatory minimum in certain situations.  One requirement is that the defendant must not possess a firearm or a dangerous weapon in connection with the offense.  In United States v. Penny, the Sixth Circuit decided whether possessing ammunition constituted possession of either a firearm or a dangerous weapon.

In a straightforward opinion, the court held that a defendant with only ammunition does not possess a firearm or a dangerous weapon.  Barring a defendant from the safety valve provision requires actual or constructive possession of a firearm, not just ammunition.  Further, possessing ammunition does not allow the sentencing court to infer possession of a firearm.  The Sixth Circuit also clarified that ammunition itself is not a dangerous weapon.  Ammunition without a firearm cannot be used to inflict death or serious injury.

Opinion available here.