United States v. Stinson, No. 18-1386 (1st Cir. 2020)
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The First Circuit affirmed Defendant's sentence for firearm-related convictions, holding that the district court properly applied two sentencing enhancements in this case.
Defendant pleaded guilty to an information charging two federal firearms counts. The presentence investigation report applied a number of enhancements to determine an adjusted offense level, only two of which were relevant to this appeal. One of the enhancements resulted in a four-level increase in the adjusted offense level for trafficking firearms. The other enhancement was an "other-felony-offense" enhancement, which was recommended on the basis that Defendant used or possessed the firearms in connection with another felony offense and also resulted in a four-level increase in the adjusted offense level. The First Circuit affirmed, holding that there was no prohibition in the U.S. Sentencing Guidelines proscribing simultaneous application of the trafficking and other-felony-offense enhancements.
The court issued a subsequent related opinion or order on October 28, 2020.
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