U.S. v. Prado

In prosecution on charge of possession of firearm by felon, Dist. Ct. erred during sentencing when calculating offense level, where Dist. Ct. imposed enhancements under section 2k2.1(b)(4) of USSG for both possession of stolen firearm and for possession of firearm with obliterated serial number, where text of said section indicates that Dist. Ct could impose enhancement for either possession of stolen firearm or possession of firearm with obliterated serial number, but not both. However, error was harmless, where statutory maximum for instant offense, i.e., 120 months, was lower than Dist. Ct.’s resulting guideline range of 135-168 months or guideline range of 121-to-150 months that would have resulted had Dist. Ct. properly imposed only one enhancement. As such, error could not have affected Dist. Ct.’s choice of 108-month sentence for defendant.