U.S. v. Price

Dist. Ct. erred in sentencing defendant to 110-month term of incarceration on charge of unlawful possession of gun by felon, where sentence was based, in part, on four-level enhancement under section 2K2.1(b)(6)(B) of USSG, under circumstances, where: (1) defendant used revolver to shoot into front door of victim’s home; (2) police later arrested defendant while he was in possession of different pistol; and (3) defendant pleaded guilty to charge that was based on defendant’s possession of pistol instead of revolver. Enhancement under section 2K2.1(b)(6)(B) applies only to circumstances where weapon at issue in charged offense was used or possessed in connection with another felony offense, and record showed that defendant’s pistol at issue in charged offense was not used in shooting of front door. Result would have been different if revolver had been relevant weapon in charged offense. As such, remand was required for new sentencing hearing.