United States v. Willard Wilhelm

MEMORANDUM

Willard Bryan Wilhelm appeals his 30-month prison sentence for unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(9). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err by declining to apply a sentencing reduction under U.S. Sentencing Guidelines Manual § 2K2.1(b)(2). That section provides for a reduction of a defendant’s offense level to six “[i]f the defendant ... possessed all ammunition and firearms solely for lawful sporting purposes or collection, and did not unlawfully discharge or otherwise unlawfully use such firearms or ammunition.” U.S. Sentencing Guidelines Manual § 2K2.1(b)(2) (2012). To determine whether § 2K2.1(b)(2) applies, sentencing courts consider the “[Relevant surrounding circumstances,” which “include the number and type of firearms, the amount and type of ammunition, the location and circumstances of possession and actual use, the nature of the defendant’s criminal history ..., and the extent to which possession was restricted by local law.” U.S. Sentencing Guidelines Manual § 2K2.1(b)(2) cmt. n. 6 (2012).

Consistent with § 2K2.1(b)(2) and its accompanying commentary, the district court…