U.S. v. Sandidge

Dist. Ct. did not err in sentencing defendant to 92-month term of incarceration on charge of unlawful possession of firearm, where said sentence was based, in part, on imposition of 4-level enhancement under section 2K2.1(b)(6)(B) of USSG arising out of defendant’s use of firearm in connection with another felony offense, as well as Dist. Ct.’s denial of proposed 3-level reduction for acceptance of responsibility based on defendant’s guilty plea. Dist. Ct. could properly rely on hearsay statements from female individual, who claimed that defendant held gun to her head while demanding sex, to support section 2K2.1(b)(6)(B) enhancement where, although individual gave differing versions of incident, her main allegation that defendant pointed gun to her head was supported by other evidence. Moreover, Dist. Ct. could properly reject defendant’s request for reduction in offense level based on his guilty plea, where Dist. Ct. also found that defendant was not truthful when denying that he had held gun to individual’s head. Dist. Ct. erred, though, in imposing 15 standard conditions of supervised release, where Dist. Ct. had failed to provide any explanations for imposing said conditions.