United States v. Prado, No. 21-1824 (7th Cir. 2022)
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Officers found nine firearms in Prado’s home: five were stolen and one had an obliterated serial number. Prado pled guilty to unlawful possession of a firearm as a felon, 18 U.S.C. 922(g)(1).
The district court calculated the initial base offense level as 20, which was lower than the base offense level of 22 recommended in the PSR because Prado’s prior conviction for mob action by force was not a crime of violence. The court applied a four-level enhancement (U.S.S.G. 2K2.1(b)(1)(B)) because the offense involved 8-24 firearms; a two-level enhancement (U.S.S.G. 2K2.1(b)(4)(A)) because Prado possessed a stolen firearm; and a four-level enhancement under subsection (B) because Prado possessed a firearm with an obliterated serial number. The PSR indicated that section 2K2.1(b)(4) allowed the application of only one of the enhancements in its subsections, not both. A “hanging paragraph” in 2K2.1(b) provided that the cumulative offense level from the application of 2K2.1(b)(1)–(4) may not exceed 29. Following the imposition of those enhancements, the court applied a four-level enhancement (2K2.1(b)(6)(B)) because Prado used or possessed the firearms in connection with another felony, and deducted three levels for Prado’s acceptance of responsibility. Despite a guideline range of 135-168 months, the statutory maximum was 120 months.
The Seventh Circuit affirmed Prado's 108-month sentence, rejecting an argument concerning Prado’s guideline range. Under any calculation, the applicable guideline range is the 120-month statutory maximum.
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