United States v. Duaine Bowden

MEMORANDUM

Duaine Weston Bowden appeals his conviction and 33-month sentence for possession of stolen firearms, 18 U.S.C. § 922 (j). We affirm.

Bowden’s appeal raises three issues, and we consider each in turn. First, Bowden asserts that the Government did not establish by a preponderance of the evidence that he possessed eight stolen firearms, and that the district court abused its discretion in applying a four-level upward adjustment on that basis pursuant to U.S.S.G. § 2K2.1(b)(l)(B). Based on our review of the record, we conclude that there was sufficient evidence before the sentencing court on this issue, and that the court therefore did not abuse its discretion in applying the four-level upward adjustment.

Second, Bowden alleges that his due process rights were violated because his sentence was based in part on facts for which there were no indicia of reliability. It is well-established that a defendant “has a due process right not to be sentenced on the basis of materially incorrect information.” United States v. Petty, 982 F.2d 1365, 1369 (9th Cir.1993). Thus, “[wjhile hearsay statements may be considered at sentencing, due process requires that such statements be…