United States v. Leib, 57 F.4th 1122

On Aug. 28, 2018, Joshua Leib was found passed out in his first-floor bedroom; officers observed a firearm nearby and six spent shell casings. His mother reported he fired three rounds into the floor of his room.
Police seized the gun; state charges (shooting at a dwelling; felon in possession) were later dropped after federal indictment.
Leib pleaded guilty to being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)).
The PSR set a total offense level of 27 (base 24; +2 for stolen firearm; +4 under U.S.S.G. § 2K2.1(b)(6)(B) for use in connection with another felony; -3 acceptance), criminal-history VI, yielding an advisory range truncated to 120 months by statute; district court imposed a downward variance to 100 months.
The sole disputed sentencing question on appeal: whether the district court clearly erred in applying the +4 enhancement under U.S.S.G. § 2K2.1(b)(6)(B) based on a finding Leib willfully shot at a dwelling (N.M. Stat. § 30-3-8(A)).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 2K2.1(b)(6)(B) +4 enhancement applies (firearm used in connection with a state felony of shooting at a dwelling)	Gov’t: evidence shows Leib willfully discharged three shots into the floor of his bedroom, satisfying the New Mexico offense and connecting the firearm use to another felony.	Leib: evidence insufficient to show he willfully targeted the dwelling; shots were aimed at himself (suicide attempt), not the building.	Court: Affirmed. By preponderance of evidence, district court reasonably found Leib willfully shot into the floor; enhancement proper.
Whether the district court plainly erred by relying on the mother’s out‑of‑court statement (hearsay) to support the enhancement	Gov’t: mother’s statement was corroborated by bodycam review and totality of circumstances; hearsay may be considered at sentencing if reliable.	Leib: mother’s statement was unreliable hearsay and should not support enhancement; objected on appeal as plain error.	Court: No error. Mother’s unsworn statement bore "minimal indicia of reliability" (observed by officers, corroborated); Leib failed to show plain error affecting substantial rights.

United States v. Kitchell, 653 F.3d 1206 (10th Cir.) (defines "another felony" under §2K2.1(b)(6) and establishes government’s preponderance burden)
United States v. Fennell, 65 F.3d 812 (10th Cir. 1995) (distinguishes unreliable unsworn hearsay at sentencing; more corroboration required)
United States v. Ruby, 706 F.3d 1221 (10th Cir. 2013) (corroboration supports reliability of hearsay used at sentencing)
United States v. Cook, 550 F.3d 1292 (10th Cir. 2008) (hearsay may be considered at sentencing if it bears minimal indicia of reliability)
United States v. Martinez, 824 F.3d 1256 (10th Cir. 2016) (distinguishing Fennell where hearsay was corroborated)
United States v. Hoyle, 751 F.3d 1167 (10th Cir. 2014) (appellate review of sentencing factfinding: clear-error standard; view evidence favorably to district court)
Greer v. United States, 141 S. Ct. 2090 (2021) (plain-error review framework for unpreserved appellate claims)
Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018) (standard for discretionary relief under plain-error review)