United States v. Fred Hall
664 F. App'x 479
| 6th Cir. | 2016Background
- In 2014 Brad Bench reported burglary of his barn; missing items included a Charles Daly pump-action shotgun, its case and shells, Barska binoculars, and trail cameras.
- Months later, Hall tried to sell a shotgun and three trail cameras to Joshua Helenhouse, loaned the gun for hunting, and the shotgun’s make/model/serial matched Bench’s stolen gun; 18 yellow shells matching Bench’s description were in the gun case.
- A consent search of Hall’s girlfriend’s residence produced Hall’s papers, phones, three trail cameras, two pairs of binoculars (one Barska matching Bench’s), and other stolen items traced to nearby victims.
- Hall pleaded guilty to being a felon in possession of a firearm; probation recommended base offense level 14, plus enhancements including a 4-level increase under U.S.S.G. §2K2.1(b)(6)(B) for possession of a firearm in connection with another felony (burglary of the barn).
- The district court found by a preponderance of the evidence that Hall was involved in the barn burglary, denied a reduction for acceptance of responsibility because Hall denied involvement in the theft, upwardly departed under U.S.S.G. §4A1.3 to Criminal History Category VI and increased offense level to arrive at a 96-month sentence.
- Hall appealed, challenging (1) the application of the §2K2.1(b)(6)(B) enhancement, (2) denial of the acceptance-of-responsibility reduction, and (3) the substantive reasonableness of the upward departure and 96-month sentence; the Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of §2K2.1(b)(6)(B) enhancement (firearm possessed in connection with another felony/theft) | Government: preponderance of evidence showed Hall obtained the shotgun during Bench’s barn burglary (possession of matching gun, shells, binoculars, other stolen items) | Hall: insufficient evidence he burglarized Bench’s barn; gun was given by a friend and he only tried to sell it | Court: Affirmed — district court did not clearly err; circumstantial evidence made Hall’s involvement more likely than not and supported the 4-level enhancement |
| Denial of Guidelines reduction for acceptance of responsibility | Hall: he admitted possession and pleaded guilty, so he merited the reduction | Government/District Court: Hall continued to deny involvement in the related burglary/theft, which undercuts acceptance of responsibility | Court: Affirmed — denial of reduction not clearly erroneous because court found Hall falsely disputed relevant conduct the court concluded true |
| Upward departure and substantive reasonableness of 96-month sentence | Hall: 96 months is substantively unreasonable and excessive relative to Guidelines range (51–63 months) | District Court: Criminal history category IV underrepresents his felony record (multiple prior felon-in-possession convictions, some aged out), warranting upward departure to CHC VI and additional incremental departure to reach 96 months for deterrence, public protection, and proportionality | Court: Affirmed — sentence was neither arbitrary nor based on impermissible factors; court considered §3553(a) factors and reasonably structured the departure |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (establishes procedural/substantive reasonableness framework for sentencing review)
- United States v. Pearce, 531 F.3d 374 (6th Cir. 2008) (reasonableness standard on appeal; presumption discussion)
- United States v. Dupree, 323 F.3d 480 (6th Cir. 2003) (government’s burden to prove sentencing enhancements by a preponderance)
- Williams v. Eau Claire Pub. Sch., 397 F.3d 441 (6th Cir. 2005) (definition of preponderance standard)
- United States v. U.S. Gypsum Co., 333 U.S. 364 (1948) (clear error standard explained)
- United States v. Cunningham, 669 F.3d 723 (6th Cir. 2012) (substantive-reasonableness factors and standards)
- United States v. Kamper, 748 F.3d 728 (6th Cir.) (standard of review for acceptance-of-responsibility determinations)