United States v. Mason
2012 U.S. App. LEXIS 18645
2d Cir.2012Background
- Mason pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2) and was sentenced to 33 months in prison.
- The Guidelines provide a reduction under § 2K2.1(b)(2) if firearms were possessed solely for lawful sporting purposes or collection and not unlawfully used.
- The PSR found four firearms and concluded Mason was ineligible for the reduction due to a prior crime-of-violence conviction; the government and probation differed on the impact of that conviction.
- Mason submitted licenses, witness statements, and other materials arguing possession was for lawful sporting purposes; the district court considered but did not grant the reduction.
- The district court acknowledged the correct “purpose of possession” standard but focused on whether each firearm was actually used for lawful sporting purposes.
- The Second Circuit affirmed, holding the district court erred by focusing on actual use, but found the error harmless and thus affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether § 2K2.1(b)(2) requires proof of actual use for each gun | Mason: focus on possession purpose, not each gun's actual use | Mason’s reading of the guideline is incorrect; district court followed proper standard | error in interpretation, but harmless |
| whether the misinterpretation was harmless given the record | Mason contends error affected sentence | No effect on sentence because reduction would have been denied anyway | harmless error; judgment affirmed |
Key Cases Cited
- United States v. Halpin, 139 F.3d 310 (2d Cir. 1996) (possession for self-defense not eligible for reduction)
- United States v. Ramirez-Rios, 270 F.3d 1185 (8th Cir. 2001) (focus on intended lawful use and surrounding circumstances)
- United States v. Collins, 313 F.3d 1251 (10th Cir. 2002) (broad analysis of factual context before applying § 2K2.1(b)(2))
- United States v. Mojica, 214 F.3d 1169 (10th Cir. 2000) (possession of another's firearm can qualify for the reduction)
- United States v. Moit, 100 F.3d 605 (8th Cir. 1996) (possession of a collection by another can qualify for the reduction)
- United States v. Miller, 547 F.3d 718 (7th Cir. 2008) (single weapon sale does not necessarily bar eligibility)
- United States v. Jass, 569 F.3d 47 (2d Cir. 2009) (harmless error considerations in sentencing)
- United States v. Cavera, 550 F.3d 180 (2d Cir. 2008) (abuse-of-discretion review in sentencing; harmless-error framework)
- United States v. Hasan, 586 F.3d 161 (2d Cir. 2009) (interpretation of Guidelines de novo)