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No Double-Counting in Assessing Enhancements in Stolen Firearms Case

By Shari Allison

US v. Blackbourn, No. 08-5165,2009 WL 2952146 (10th Cir. 9/16/09) (unpublished): when determining the sentence for possession of a stolen firearm, the trial court did not err in enhancing the defendant?s base offense level for the fact the firearm was stolen and for possessing the firearm in connection with another felony. The fact that he pled guilty to possessing a stolen firearm did not prevent the trial court from applying the enhancement for possession of a stolen weapon because USSG 2K2.1 applies to a number of firearms offenses, some of which involve stolen guns and some that do not. Application of the enhancement is the way the guideline distinguishes between the two types of offenses. Thus, it was not doublecounting. It was also not double counting to enhance the base level for the fact that he possessed the stolen firearm in connection with the burglary at which the firearms were stolen.continue to full post

Full post as published by Tenth Circuit Blog on September 18, 2009 (boomark / email).