U.S. v. Galvan

Dist. Ct. did not err in sentencing defendant to 70-month term of incarceration on unlawful possession of firearm charge, where said sentence was based, in part, on finding that defendant had used same firearm two hours earlier in robbery incident involving defendant’s supervisor. Dist. Ct. could properly use Sentencing Guideline for robbery because of its finding that defendant had used same firearm in prior robbery. Moreover although defendant argued that record did not support said finding, preponderance of evidence supported said finding given supervisor’s testimony describing defendant's use of firearm to obtain supervisor’s keys to company van, as well as evidence showing that firearm was in front seat of van less than two hours later when defendant was arrested standing next to van. Ct. further noted that defendant did not object at sentencing hearing to Dist. Ct.’s finding that same firearm was used at prior robbery. Also, there was sufficient evidence to establish that defendant had discharged firearm during robbery, where supervisor testified that there was no gap between defendant’s discharge of firearm and his taking of van’s keys from supervisor.