United States v. Colby, 882 F.3d 267

Colby was convicted after a jury trial of possession of a firearm by a prohibited person (18 U.S.C. § 922(g)(1)); sentenced to 95 months following application of three Guidelines enhancements.
District court applied: +2 levels for possession of a stolen firearm (U.S.S.G. § 2K2.1(b)(4)(A)), +4 levels for possession of a firearm in connection with another felony (U.S.S.G. § 2K2.1(b)(6)(B))—criminal threatening with a dangerous weapon—and +2 levels for obstruction via perjury (U.S.S.G. § 3C1.1).
Facts supporting enhancements: a gun disappeared from Stacey Doray’s home after her daughter Jyllian hid it; Colby was linked to the gun by texts admitting he placed it in a snowbank; witnesses (Smith and Rogers) placed Colby near Smith’s trailer and observed/threatened conduct consistent with gun possession.
Colby testified and denied (1) being at Smith’s trailer or threatening Smith, and (2) ever possessing Stacey’s gun; the district court found those denials were perjurious and material.
On appeal Colby challenged all three enhancements (stolen status, connection to a separate felony, and obstruction/perjury). The First Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the firearm was "stolen" for § 2K2.1(b)(4)(A)	Government: gun qualifies as "stolen" under a broad, federal meaning of stolen; Colby possessed it and hid it.	Colby: district court clearly erred; Maine law definition should control or evidence insufficient.	Court: "stolen" has a broad federal meaning; record supports finding the gun was feloniously taken/hidden and Colby possessed it—enhancement upheld.
Whether Colby possessed the gun in connection with another felony (criminal threatening) for § 2K2.1(b)(6)(B)	Government: Colby used Stacey’s gun to threaten Forrest Smith on March 17, 2015; that is a separate felony.	Colby: district court clearly erred; testimony insufficient to link the stolen gun to the threat.	Court: credible witness testimony and other evidence support the district court’s finding that Colby threatened Smith with the gun—enhancement upheld.
Whether district court properly applied the obstruction/perjury enhancement (§ 3C1.1)	Government: Colby willfully lied at trial about possession and the Smith encounter; the lies were material and willful.	Colby: court failed to make explicit findings on willfulness; his false statements could reflect confusion or faulty memory.	Court: district court’s findings encompassed falsity, materiality, and willfulness; denials were contradicted by record and not mere confusion—enhancement upheld.

United States v. Turley, 352 U.S. 407 (Sup. Ct.) (interpreting "stolen" broadly for federal statutes to capture felonious takings)
United States v. DeLuca, 17 F.3d 6 (1st Cir.) (guideline terms are federal in character and given common usage)
United States v. Cruz-Santiago, 12 F.3d 1 (1st Cir.) (consult state laws among sources to ascertain common usage)
United States v. Bates, 584 F.3d 1105 (8th Cir.) (§ 2K2.1(b)(4) supports broad interpretation of "stolen")
United States v. Jackson, 401 F.3d 747 (6th Cir.) (interpretation of "stolen" in § 2K2.1 context)
United States v. González, 857 F.3d 46 (1st Cir.) (discussing omission of scienter in § 2K2.1(b)(4) and related concerns)
United States v. Matiz, 14 F.3d 79 (1st Cir.) (perjury supports § 3C1.1 enhancement; elements required)
United States v. Dunnigan, 507 U.S. 87 (Sup. Ct.) (perjury requires falsity, materiality, and willfulness)
United States v. Mercer, 834 F.3d 39 (1st Cir.) (willfulness may be inferred where false statements are plainly deliberate)
United States v. Cannon, 589 F.3d 514 (1st Cir.) (standard of review for factual predicates at sentencing)
United States v. Luciano, 414 F.3d 174 (1st Cir.) (preponderance standard for sentencing fact-finding)