United States v. Eric Sanchez
527 F. App'x 488
6th Cir.2013Background
- Six firearms were stolen from Brassfield’s home in Franklin County, Tennessee, while Brassfield worked a 24‑hour shift as a firefighter.
- Some stolen firearms were recovered on May 6, 2009 at a residence used by Sanchez and his brother Juan Sanchez.
- A Remington .22 rifle stolen from Brassfield was recovered after a May 5, 2009 shooting in Nashville.
- Sanchez pleaded guilty on January 5, 2012 to possessing three stolen firearms and to felon in possession of firearms.
- PSR set base offense level at 20, added points for multiple firearms, stolen status, and use in furtherance of another felony, resulting in total level 33 and criminal history category IV.
- District court sentenced Sanchez to 156 months after a 12‑month downward departure and consecutive counting for Counts Five and Six.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cross reference to the attempted murder guideline was proper | Sanchez argues no link between the weapon used and the counts of conviction. | State argues there is a clear connection via possession of stolen firearms and the shooting. | Cross reference properly applied. |
| Whether the factual findings support the attempted murder guideline | Sandoval’s evidence does not prove premeditation. | District court properly found premeditation and malice. | Findings support application of the guideline. |
| Whether Booker renders the sentence unconstitutional for focusing on unjury‑found facts | premised on premeditation not found by jury | Court can consider Guideline range and 3553(a) factors. | Sentence within statutory maximum and consistent with Booker framework. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness standard and abuse-of-discretion review for sentences)
- United States v. Booker, 543 U.S. 220 (2005) (establishes reasonableness review and non‑mandatory Guidelines under current framework)
- United States v. Stone, 432 F.3d 651 (6th Cir. 2005) (describes sentencing framework after Booker and application of § 3553(a))
- United States v. Howse, 478 F.3d 729 (6th Cir. 2007) (recognizes cross‑reference to § 2K2.1(c)(1) can apply with ‘clear connection’ to related firearm)
- United States v. Settle,, 414 F.3d 629 (6th Cir. 2005) (discusses relevant conduct and cross‑reference principles in § 2K2.1)