United States v. Leonard

97 F. App'x 599
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 5, 2004
DocketNo. 03-5563
StatusPublished

This text of 97 F. App'x 599 (United States v. Leonard) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Leonard, 97 F. App'x 599 (6th Cir. 2004).

Opinions

SUTTON, Circuit Judge.

Danny W. Leonard pleaded guilty to (1) distributing a controlled substance in violation of 21 U.S.C. § 841(a)(1). and (2) possessing a firearm while subject to a domestic violence order in violation of 18 U.S.C. §§ 922(g)(8) and 924(a)(2). He received two concurrent eighteen-month sentences. On appeal Leonard argues that the district court should have given him a reduction under § 2K2.1(b)(2) of the Sentencing Guidelines as a lawful collector of firearms. We hold that he is ineligible for the reduction, and accordingly we affirm.

I.

Alleging physical abuse in the past and fearing more to come. Marla Lynn Vinson obtained a domestic violence order from the local juvenile court against her boyfriend Danny Leonard. Among other things, the order prohibited Leonard from possessing any firearms.

On January 25, 2002. the Kentucky State Police executed a search warrant at Leonard’s home based on information that he had purchased stolen property and traded prescription medication for firearms. During the search, police seized numerous firearms, including two .22 caliber rifles — one of them a Henry repeating rifle — and two revolvers from a living room wall display, as well as three handguns and five long guns from the back bedroom. Seven of the guns in the bedroom were discovered in an open gun cabinet. while the eighth — Leonard’s son’s loaded .30-.30 caliber hunting rifle — was found just outside the gun cabinet. In addition to the firearms, police seized two bottles of medicine that had been prescribed to Leonard. One bottle contained Clonazepam pills (a schedule IV controlled substance) and the other contained Toprol pills (a noncontrolled substance). In the aftermath of the search. Leonard admitted to police that he had traded 25 Clonazepam pills and $100 cash with a neighbor in return for the .22 caliber Henry repeating rifle.

On August 7, 2002. a grand jury indicted Danny W. Leonard for: (1) knowingly distributing a controlled substance (Clonazepam) in violation of 21 U.S.C. § 841(a)(1) (Count I); (2) carrying a firearm in furtherance of a drug-trafficking crime in violation of 18 U.S.C. § 924(c) (Count II); [601]*601and (3) knowingly possessing a firearm while subject to a domestic violence order in violation of 18 U.S.C. §§ 922(g)(8) and 924(a)(2) (Count III). Leonard pleaded guilty to Counts I and III. and the Government dismissed Count II.

Leonard’s presentence report recommended a criminal history category of I because his sole prior conviction was for violating a domestic violence order. As for Leonard’s offense level, the presentence report noted that the two counts warranted a base offense level of 14 under U.S.S.G. § 2K2.1(a)(6)(A). The report recommended a four-level increase under U.S.S.G. § 2K2.1(b)(l)(B) because police found more than eight (and less than 24) firearms in Leonard’s house, all in violation of the domestic violence order. And the report recommended that Leonard receive a three-level decrease for acceptance of responsibility. Altogether, the report recommended a total offense level of 15, which in combination with Leonard’s recommended criminal history category generated a sentencing range of 18 to 24 months.

Leonard’s principal objection to the presentence report was that the lawful-sporting-purposes-or-collection provision set forth in U.S.S.G. § 2K2.1(b)(2) should have been applied to him. Under that provision, if the defendant shows he possessed “all” of the pertinent firearms “solely” for lawful sporting purposes or collection, the base offense level is adjusted to six, after which the defendant may still seek a reduction for acceptance of responsibility. Leonard argued that he should have been treated as a mere collector of all of the firearms.

The district court rejected Leonard’s argument. In the court’s view, it

could find that all of [the firearms] except the one you traded for, you probably held for collection purposes. I’ll give you that. It’s the one that you traded for that I can’t go with, and since I can’t go there, that precludes you from getting the sporting exception. There’s evidence that you traded things. There’s evidence, of course, that you traded drugs for this gun____ [T]he application note talks about ... the location and circumstances of possession and actual use.... [I]t’s just the whole circumstances surrounding the transaction. You know, most people generally speaking, if they want a gun for collection purposes, they don’t deal drugs in exchange for it, and that just kind of gives me reason to suspect that it was not possessed solely for collection purposes. So my finding is that the sporting exception does not apply.

Sent. Hr’g Trans, at 29-30. Consistent with the presentence report, the district court imposed an 18-month sentence on each count, to run concurrently, and a one-year period of supervisory release. Leonard now appeals, arguing that “[he] used the [ ] Henry repeating rifle as a decoration in his living room,” Appellant’s Br. at 10, and that “[t]here is no hint, suggestion or evidence that [he] ever actually used it in any other way.” id. at 11.

We apply a clearly-erroneous standard to the district court’s factual findings and give de novo review to its legal conclusions. United States v. Talley, 164 F.3d 989, 1003 (6th Cir.1999); see also United States v. Morrison, 983 F.2d 730, 732 (6th Cir.1993) (noting that the determination of whether a firearm was used solely for sporting purposes is a factual determination).

II.

Section 2K2.1 of the Guidelines deals with the “Unlawful Receipt, Possession, or Transportation of Firearms or Ammuni[602]*602tion; Prohibited Transactions Involving Firearms or Ammunition.” In addition to requiring increases in the defendant’s base offense level depending on the types of weapons involved and the defendant’s pri- or criminal record, the section says that “[i]f the defendant ... possessed all ammunition and firearms solely for lawful sporting purposes or collection, and did not unlawfully discharge or otherwise unlawfully use such firearms or ammunition,” the district court should “decrease the offense level determined above to level six.” U.S.S.G. § 2K2.1(b)(2). The commentary to this provision adds the following:

Under subsection (b)(2). “lawful sporting purposes or collection” as determined by the surrounding circumstances, provides for a reduction to an offense level of 6. Relevant surrounding circumstances include the number and type of firearms, the amount and type of ammunition, the location and circumstances of possession and actual use, the nature of the defendant’s criminal history (e.g.,

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Bluebook (online)
97 F. App'x 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leonard-ca6-2004.