United States v. Susany, No. 17-4093 (6th Cir. 2018)
Annotate this CaseSusany conspired with Courtney and Quinn to obtain explosives to crack safes at jewelry and coin shops. They planned to finance their purchase of explosives by breaking into shops. Susany and Quinn met with an FBI confidential informant to discuss procuring explosives, then met again to talk about the informant participating the in break-ins. Susany, Courtney, and the informant planned the details of a break-in. In the early hours of April 19, 2013, Susany, Courtney, and the informant arrived at the store. Courtney served as a lookout. Susany cut the phone line and activated a jamming device to block the alarm system's cellular backup. Officers arrived and arrested them shortly after the alarm was cut. Susany pled guilty to conspiracy to knowingly receive and transport explosive materials, 18 U.S.C. 371, 842(a)(3)(A), and 844(a). The district court imposed a sentence of 21 months of imprisonment. The Sixth Circuit affirmed. While the district court erred in failed to reduce Susany’s base offense level by three points under USSG 2X1.1(b)(2), the error was harmless. That Guideline applies when the defendant and the co-conspirators have not completed all the acts necessary for the substantive offense. The court instead granted a three-level downward variance based on the nature and circumstances of the offense and reduced Susany’s base offense level to 10, yielding a Guidelines range of 21-27 months; the error resulted in a lower range than would have resulted under the correct calculation.
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