United States v. Parlor, No. 19-30269 (9th Cir. 2021)Annotate this Case
After selling two guns to a confidential informant and an undercover agent during a controlled buy, Parlor was indicted for unlawful possession of a firearm by a convicted felon. Agents searched Parlor’s residence and found 21.63 grams of marijuana, $5,000 in cash, dozens of small plastic baggies, digital scales, and another gun. Parlor’s storage unit contained a semiautomatic rifle, a handgun, and ammunition. The handgun had been reported stolen. Parlor entered a guilty plea.
The PSR noted two prior felony convictions of either a crime of violence or a controlled substance offense, recommended a three-level decrease for acceptance of responsibility, and recommended a two-level enhancement (U.S.S.G. 2K2.1(b)(1)(A)) because the “offense involved” three-to-seven firearms, a two-level enhancement (2K2.1(b)(4)(A)) because one firearm had been reported stolen, and a four-level enhancement (2K2.1(b)(6)(B)) for possessing firearms in connection with another felony, drug trafficking. The Guidelines range of 121-151 months was reduced to the statutory maximum of 120 months. Absent the three enhancements, Parlor’s range would have been 57-71 months. Defense counsel did not object to the multiple-firearms enhancement. The court noted evidence that a gun was found in Parlor’s home, close to drugs and drug paraphernalia and that Parlor had “exchanged guns for drugs” in the past with the informant.
The Ninth Circuit upheld Parlor’s 120-month sentence. The district court connected the various firearms to each other and connected Parlor’s possession of an uncharged firearm with another felony offense, drug trafficking.