United States v. Keller, No. 11-1172 (3d Cir. 2011)Annotate this Case
Defendant broke into a gun shop and absconded with 30 firearms. He entered a plea of guilty to conspiracy to commit an offense against the U.S. (18 U.S.C. 371), stealing firearms from a federally licensed dealer (18 U.S.C. § 922(u)), and possessing an unregistered firearm (26 U.S.C. 5861(d). The Presentence Report, calculated a total offense level of 27 and a criminal history category as I, for a Guidelines range of 70 to 87 months' imprisonment. The offense level included a four-point enhancement pursuant to USSG 2K2.1(b)(6), which must be applied if the defendant "used or possessed any firearm or ammunition in connection with another felony offense;" or possessed or transferred any firearm or ammunition with knowledge, intent, or reason to believe that it would be used or possessed in connection with another felony offense. The district court found that the enhancement did not apply to defendant's conduct, reduced the Guidelines range to 46 to 57 months and sentenced him to 48 months in prison. Sentencing Guidelines Amendment 691 (2006) indicates that USSG 2K2.1(b)(6) does apply when the predicate offense is burglary of the firearms that are the subject of the conviction, contrary to cases decided before the amendment.