United States v. Brake, No. 17-1978 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the judgment of the district court applying a two-level enhancement for possession of a stolen firearm and a four-level enhancement for using a firearm in connection with another felony in calculating Defendant’s sentence, holding that there was no fault in applying both enhancements to Defendant’s conduct.
Defendant pleaded guilty to one count of possession of a firearm by a convicted felon. In sentencing Defendant, the district court overruled Defendant’s objections to the guidelines calculation. Defendant appealed, claiming that the district court impermissibly “double counted” in applying enhancements for both possession a stolen firearm and possessing a firearm in connection with another felony offense. The First Circuit disagreed, holding that there was no basis to interpose an implied prohibition on “double counting” those enhancements.