United States v. Fillmore, No. 16-51427 (5th Cir. 2018)Annotate this Case
The Fifth Circuit vacated in part and remanded in part defendant's 51 month sentence for conspiracy to maintain a chop shop. The court held that defendant was not "in the business" of receiving and selling stolen property and thus the district court erroneously applied a two level sentencing enhancement under USSG 2B6.1(b)(2). The court affirmed the district court's application of a two level enhancement for a leadership role under USSG 3B1.1(c). The court held that it did not have jurisdiction to review the sentencing court's refusal to grant a downward departure under USSG 5H1.11 based on defendant's prior military service where the record did not suggest the district court based its decision on an erroneous belief that it lacked the authority to depart. Accordingly, the court dismissed as to this issue.