United States v. Fuller-Ragland

Ragland pleaded guilty as a felon in possession of a firearm, 18 U.S.C. 922(g). His PSR calculated Ragland’s base offense level as 22, based in part on Ragland’s prior conviction for unarmed robbery, a "crime of violence." It applied a four-level enhancement, USSG 2K2.1(b)(4)(B), because the pistol with which Ragland was arrested had an “altered or obliterated serial number.” The gun had been reported stolen and had been used in two shootings, including one the day before Ragland was arrested. Ragland’s Guidelines range was 121-151 months of imprisonment, although the statutory maximum was 120 months. Ragland did not object to his base offense level or the enhancement but objected to a recommendation that the court not grant a reduction for acceptance of responsibility. The district court gave him full acceptance-of-responsibility credit, reducing his Guidelines range to 87-108 months. The court considered the 18 U.S.C. 3553(a) factors and decided that an upward variance to the statutory maximum—120 months—was appropriate because the circumstances of Ragland’s arrest and his prior record indicated that Ragland was a “significant risk to the public and a significant risk to re-offend.” Ragland did not object. The Sixth Circuit affirmed the sentence. The Michigan offense of unarmed robbery constituted a “crime of violence” under USSG 2K2.1(a)(3); the court did not commit plain error in applying the enhancement for an altered or obliterated serial number on a firearm. View "United States v. Fuller-Ragland" on Justia Law