United States v. David Anderson, 608 F. App'x 369

On July 22, 2013, David Anderson took Tawana Wilson’s vehicle, damaged property, and later approached Tamara Hollis and her 16‑year‑old daughter while holding a small handgun.
The gun fell from Anderson’s pocket twice; Anderson picked it up and then entered Hollis’s car, told her to drive him to the “old neighborhood,” and said he would not hurt her if she complied.
Hollis and her daughter testified they were afraid; a witness followed and reported an apparent hostage situation to Border Patrol; agents found the handgun on the passenger‑seat floor and arrested Anderson.
A federal grand jury indicted Anderson for being a felon in possession of a firearm (18 U.S.C. § 922(g)) and possession of a firearm with an obliterated serial number (18 U.S.C. § 922(k)); he pled guilty.
The PSR applied U.S.S.G. § 2K2.1(c)(1)(A) to cross‑reference the kidnapping/unlawful‑imprisonment Guidelines, U.S.S.G. § 2A4.1 (base level 32), yielding an advisory range of 108–135 months (after adjustments). The district court found by a preponderance that Anderson unlawfully restrained Hollis and her daughter under Michigan’s unlawful imprisonment statute (MCL § 750.349b(1)(a)) and applied the enhancement, sentencing Anderson to 108 months.
Anderson appealed, arguing insufficient evidence that his conduct met Michigan’s unlawful‑restraint standard and thus the § 2A4.1 cross‑reference was improperly applied; the Sixth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court properly applied the § 2K2.1(c)(1)(A) cross‑reference to § 2A4.1 by finding Anderson committed unlawful restraint under Michigan law	Government: evidence showed Anderson knowingly restrained victims by holding a gun, ordering them into the car, and inducing fear sufficient to establish unlawful imprisonment under MCL § 750.349b(1)(a)	Anderson: he never brandished, pointed, or threatened with the gun; victims consented or acted voluntarily; merely having the gun fall from his pocket and complying with Hollis’s request negates unlawful restraint	Court affirmed: by a preponderance, Anderson’s statements and firearm use induced fear and coerced compliance, satisfying MCL § 750.349b(1)(a); § 2A4.1 enhancement properly applied and 108‑month sentence was procedurally reasonable

Gall v. United States, 552 U.S. 38 (2007) (standard of appellate review for reasonableness of sentence)
United States v. Bolds, 511 F.3d 568 (6th Cir. 2007) (procedural‑reasonableness requirement to properly calculate Guidelines range)
United States v. Seymour, 739 F.3d 923 (6th Cir. 2014) (Government bears preponderance burden to establish facts supporting Guidelines enhancement)