officers knocked at the front door and, when there was no answer, walked around the outside of his
house. As they did so, the officers observed a number of marijuana plants in the basement.
Having discovered this parole violation, several of the officers entered the house to arrest Peacock.
As they entered through the garage door, Peacock attempted to flee out a rear door of the
basement. He was apprehended, arrested, and returned to the house.
In searching Peacock’s house, the officers discovered, with Peacock’s assistance, evidence
of marijuana growing and manufacturing. They also discovered a number of firearms: a
.30-06-caliber rifle, a .22-caliber rifle, a 12-gauge shotgun and a .50-caliber muzzleloader.
Peacock was charged in a two-count indictment with violations of 18 U.S.C. § 922(g)(1) (felon in
possession of a firearm) and 21 U.S.C. § 841(a)(1), (b)(1)(D) (manufacture of marijuana).
The district court denied Peacock’s motion to suppress the evidence discovered at his
house and the case proceeded to a jury trial at which Peacock’s opening statement included an
admission that he was guilty of manufacturing marijuana. Peacock maintained his innocence as
to the firearms count, arguing that, although the weapons were in his house, they belonged to
others in the household. The jury returned a verdict of guilty on the count of manufacturing
marijuana and a verdict of not guilty on the count of being a felon in possession of a firearm.
Following the conviction, the probation office submitted a presentence report (PSR). The
PSR calculated Peacock’s offense level at 17 and did not provide for a reduction for acceptance of
responsibility because he “put the government to its burden of proof by contesting the factual
elements of his guilt at trial.” The PSR further calculated a criminal history category of VI, which
led to an ultimate guidelines range of 51 to 63 months. Because the statutory maximum for the
offense is 60 months, the PSR established a final range of 51 to 60 months.