United States v. Yoahjan Flores

In these consolidated cases, the defendants appeal their sentences following their pleas of guilty to conspiracy to possess an unregistered firearm in violation of 18 U.S.C. § 371 and 26 U.S.C. § 5861 (d). They raise a novel question: What is the definition of a missile under U.S.S.G. § 2K2.1(b)(3)(A) and 26 U.S.C. § 5845 (f)? We adopt the common meaning of the word missile, in the context of modern weaponry, and hold that the definition of a missile, under the sentencing guidelines, is a self-propelled device designed to deliver an explosive. Because the 40-mm cartridges in this case do not qualify as missiles, the district court erred in concluding otherwise and in enhancing the defendants’ base offense level by fifteen levels. We therefore vacate the defendants’ sentences and remand for resentencing.

BACKGROUND

Defendants Arturo Lara, Alfredo Lara, and Yoahjan Lara Flores, after entering into a plea agreement with the government, pled guilty to conspiracy to possess an unregistered firearm in violation of 18 U.S.C. § 371 and 26 U.S.C. § 5861 (d). The charges were based on the following events.

On September 2, 2010, the defendants entered The Gun Shop in El Centro…