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United States v. Taylor

United States Court of Appeals, First Circuit

January 9, 2017

UNITED STATES OF AMERICA, Appellee,
v.
DASEAN TAYLOR, Defendant, Appellee.

         APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Douglas P. Woodlock, U.S. District Judge]

          Matthew A. Kamholtz on brief for appellant.

          Carmen M. Ortiz, United States Attorney, and Mark T. Quinlivan, Assistant U.S. Attorney, on brief for appellee.

          Before Howard, Chief Judge, Kayatta and Barron, Circuit Judges.

          BARRON, Circuit Judge.

         Dasean Taylor was convicted of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g). He was sentenced to a term of 71 months' imprisonment. He now challenges his sentence, arguing that the District Court erroneously applied a sentencing enhancement for trafficking in firearms under U.S.S.G. § 2K2.1(b)(5). We affirm.

         I.

         On March 9, 2015, Taylor pled guilty to the offense of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Prior to the sentencing hearing, the government had submitted a motion requesting that the District Court apply the trafficking in firearms enhancement under § 2K2.1(b)(5) of the United States Sentencing Guidelines.

Application note 13 to U.S.S.G. § 2K2.1 states:
(A) In General. - Subsection (b)(5) applies . . . if the defendant -
(i) transported, transferred, or otherwise disposed of two or more firearms to another individual, or received two or more firearms with the intent to transport, transfer, or otherwise dispose of firearms to another individual; and
(ii) knew or had reason to believe that such conduct would result in the transport, transfer, or disposal of a firearm to an individual -
(I) whose possession or receipt of the firearm would be ...

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