United States v. Kiyuntae Beaudoin
673 F. App'x 455
| 5th Cir. | 2017Background
- Beaudoin pleaded guilty to being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)) and was sentenced to 120 months.
- An ATF agent saw Beaudoin advertising guns on Facebook; an undercover arrangement led to his arrest while en route to sell a gun.
- The PSR recommended a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for using/possessing a firearm in connection with another felony, citing a police report and an aggravated robbery indictment.
- The police report described an incident where Beaudoin and an associate lured a victim under the pretense of buying hubcaps, robbed the victim, and the victim reported Beaudoin brandished an AK-47–style rifle; officers later found multiple firearms and ammunition.
- Beaudoin challenged the enhancement, arguing the PSR’s basis (the victim’s statements) was unreliable because the victim was an acquaintance and a twice-convicted felon.
- The district court applied the enhancement; alternatively, it stated it would have imposed the statutory maximum (120 months) regardless, so any error was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a § 2K2.1(b)(6)(B) enhancement applies | Beaudoin: PSR evidence (victim statements) unreliable; enhancement wrongly applied | Government: PSR based on police investigation and supporting evidence is reliable; enhancement supported | Court: Finding reviewed for clear error; PSR and investigative facts are sufficiently reliable and enhancement plausible; alternatively any error was harmless because court would have imposed 120 months anyway |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (sentencing procedure and reasonableness review)
- Delgado-Martinez v. United States, 564 F.3d 750 (appellate standard for sentence reasonableness)
- Cisneros-Gutierrez v. United States, 517 F.3d 751 (de novo review of Guidelines application; clear-error review of factual findings)
- Coleman v. United States, 609 F.3d 699 (clear-error standard for § 2K2.1(b)(6)(B) findings; plausibility test)
- Nava v. United States, 624 F.3d 226 (PSR generally sufficiently reliable for sentencing)
- Fuentes v. United States, 775 F.3d 213 (PSR based on police investigation is reliable)
- Ibarra-Luna v. United States, 628 F.3d 712 (harmless-error analysis for sentencing enhancements)