United States v. Tilford

85 F. App'x 516
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 12, 2004
DocketNo. 02-5971
StatusPublished
Cited by4 cases

This text of 85 F. App'x 516 (United States v. Tilford) 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. Tilford, 85 F. App'x 516 (6th Cir. 2004).

Opinion

CLAY, Circuit Judge.

Defendant was charged in count one with possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g); in count two with possession of a firearm in connection with a drug crime, in violation of 18 U.S.C. § 924(c); in count three with possession of a machine gun, in violation of 18 U.S.C. §§ 922(o) and 924(a)(2); and in count four with knowingly receiving and possessing a firearm, in violation of 26 U.S.C. § 5861. Defendant pled guilty to the first and third counts and was sentenced to eighty months in prison on both counts, to be served concurrently. Defendant now appeals his sentence, arguing that it was improperly enhanced pursuant to U.S.S.G. § 4A1.2. For the reasons set forth below, we AFFIRM Defendant’s sentence.

BACKGROUND

Procedural History

On December 17, 2001, a federal grand jury charged Defendant under a four-count indictment with knowing possession of a firearm, in violation of 18 U.S.C. § 922(g); knowing possession of firearm in connection with a drug crime, in violation of 18 U.S.C. § 924(c)(l)(2); knowing possession of a machine gun, in violation of 18 U.S.C. §§ 922(o) and 924(a)(2); and knowingly receiving and possessing a firearm, in violation of 26 U.S.C. § 5861(d). On January 9, 2002, the probation officer recommended Defendant’s sentence be increased three levels pursuant to U.S.S.G. § 4A1.2 because of a “prior sentence” he received in Texas for aiding and abetting with the possession with the intent to distribute marijuana.1 On April 15, 2002, Defendant pled guilty to counts one and three and was sentenced to concurrent sentences on those counts of eighty months in prison and two years of supervised release. On motion of the United States, counts two and four were dismissed. On July 23, 2003, Defendant appealed his sentence to this Court, claiming his sentence should not have been increased three levels under the sentencing guidelines.

Facts

On June 19, 2001, Drug Enforcement Administration (“DEA”) agents arrested an individual named Sidney Thomas Fondren in Texas and found 125 pounds of marijuana in his vehicle. Mr. Fondren advised officers that he was en route to deliver the marijuana to Defendant at the latter’s residence in Tennessee. A magis[518]*518trate judge issued an arrest warrant for Defendant charging him with aiding and abetting the possession with intent to distribute an illicit substance, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. On June 20, 2001, DEA agents went to Defendant’s residence to execute the arrest warrant. Upon their arrival, agents discovered Defendant sitting on the steps of his porch with a loaded .45 caliber pistol in his waistband. That same day agents obtained a search warrant for Defendant’s residence and discovered forty-three firearms and ammunition. A criminal background check revealed Defendant had been convicted in California of a felony involving illicit drugs. Specialists from the U.S. Bureau of Alcohol, Tobacco and Firearms conducted tests on the weapons and determined several were machine guns and others were semiautomatic weapons.

On January 9, 2002, Defendant was sentenced in a federal court in Texas after being found guilty of aiding and abetting with the possession with the intent to distribute marijuana. In Defendant’s presentence report, it was noted that his federal conviction in Texas “did not recognize the possession of a firearm as being part of the Defendant’s federal case in the district, as no enhancement for the possession of the firearm ... was applied.” (J.A. at 58). On April 25, 2002, Defendant pled guilty to being a convicted felon in possession of forty-three firearms and guilty of possession of three of those firearms that were semi-automatic rifles converted into machine guns. A probation officer found Defendant’s conviction in Texas constituted a separate offense, pursuant to section 4A1.2 of the sentencing guidelines that should result in three points added to Defendant’s base sentence. The district court agreed with the probation officer that the Texas crime was a separate crime and Defendant was sentenced to concurrent sentences of eighty months on the charges on which he pled guilt.

DISCUSSION

Standard of Review

We review a district court’s application of the sentencing guidelines under a two-tier standard. A district court’s application of the guidelines to the facts of a case will not be reversed unless clearly erroneous. See United States v. Webb, 335 F.3d 534, 537 (6th Cir.2003); United States v. Lang, 333 F.3d 678, 682 (6th Cir.2003). However, a district court’s literal interpretation of the guidelines is a question of law reviewed de novo. See United States v. Stewart, 306 F.3d 295, 331 (6th Cir.2002), cert. denied sub. nom., Benford v. United States, 537 U.S. 1138, 123 S.Ct. 930, 154 L.Ed.2d 832 (2003).

Analysis

Chapter Four, Part A of the sentencing guidelines announces methods for computing a defendant’s criminal history. To compute a defendant’s criminal history category, chapter four permits “3 points [to be added] for each prior sentence of imprisonment exceeding one year and one month.” U.S.S.G. § 4Al.l.(a). The guidelines define “prior sentence” to mean “any sentence previously imposed upon adjudication of guilt, whether by guilty plea, trial, or plea of nolo contendere, for conduct not part of the instant offense.” U.S.S.G. § 4A1.2(a)(l). Application note one further explains that

[a] sentence imposed after the defendant’s commencement of the instant offense, but prior to sentencing on the instant offense, is a prior sentence if it was for conduct other than conduct that was a part of the instant offense. Conduct that is part of the instant offense means conduct that is relevant conduct to the instant offense under the provi[519]*519sions of § 1B1.3.” U.S.S.G § 4A1.2. cmt. n. 1.

Relevant conduct under § 1B1.3 refers to the factors used in chapter four to calculate a defendant’s criminal history category. See U.S.S.G. §§ 4A1.1 and 4A1.3.

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Bluebook (online)
85 F. App'x 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tilford-ca6-2004.