United States v. Keller
2011 WL 6187834
3rd Cir.2011Background
- Keller and two cohorts burglarized gun shops in 2007, stealing firearms and using a vehicle to break in.
- Keller admitted involvement and later sold about eighteen firearms; indicted for conspiracy, burglary-related theft from licensed dealers, and unregistered firearm possession.
- PSI calculated total offense level 27, criminal history I, yielding 70–87 month range, with a four-point § 2K2.1(b)(6) enhancement claimed by government.
- District Court found the § 2K2.1(b)(6) enhancement did not apply to Keller’s burglary of Fazi’s firearms shop; sentence set to 48 months.
- Government appealed arguing application of the enhancement; court noted Amendment 691 changed the interpretation of “another felony offense.”
- Court ultimately vacated and remanded to recalibrate the Guidelines range applying the four-point enhancement pursuant to § 2K2.1(b)(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 691 abrogates prior 2K2.1(b)(6) decisions | Keller argues Amendment 691 conflicts with prior precedents | Government maintains amendment clarifies and overrides earlier rulings | Amendment 691 erodes prior decisions and is not plainly erroneous |
| Whether burglary of firearms can be an ‘another felony offense’ under Note 14 | Note 14 conflicts with burglary-as-predicate reasoning | Note 14 permits burglary-based triggering under § 2K2.1(b)(6) | Note 14(B) not plainly erroneous; burglary of firearms counts as another felony offense |
| Whether the district court erred by relying on Fenton to calculate the range post-Amendment 691 | Fenton was applicable and binding | Amendment 691 supersedes Fenton for burglary/drug contexts | District court erred; remand to apply the 4-point enhancement and recompute |
Key Cases Cited
- United States v. Fenton, 309 F.3d 825 (3d Cir. 2002) (first conflict on whether burglary-related firearms use counts as another felony offense)
- United States v. Lloyd, 361 F.3d 197 (3d Cir. 2004) (imports same-elements/four-factor approach for 2K2.1(b)(5) applicability)
- United States v. Navarro, 476 F.3d 188 (3d Cir. 2007) (two-part standard for applying the enhancement (Blockburger plus more than mere possession))
- United States v. Grier, 585 F.3d 138 (3d Cir. 2009) (de novo review of guidelines interpretation)
- Stinson v. United States, 508 U.S. 36 (U.S. 1993) (commentary to guidelines binding under Skidmore-style deference)
- Block v. United States, 284 U.S. 299 (1932) (two-offense test for “elements” under double jeopardy framework)