United States v. Todd Fries

Appellant Todd Russell Fries (Fries) challenges his sentence for his unlawful possession of unregistered destructive devices in violation of 26 U.S.C. § 5861 (d). Fries asserts that the district court imper-missibly included his prior convictions for false statements and use of a chemical weapon, which were severed from the unregistered device charges, in calculating Fries’ criminal history category. We affirm Fries’ sentence.

I. BACKGROUND

In a second superseding indictment, Fries was charged with use of a chemical weapon in violation of- 18 U.S.C. § 229 (a), making a false statement to a Federal Bureau of Investigation (FBI) agent in violation of 18 U.S.C. § 1001 , and unlawful possession of unregistered destructive devices in violation of 26 U.S.C. §§ 5861 (d) and 5871. Count One alleged that Fries:

Count Two alleged that Fries “did knowingly and willfully make false, fraudulent, and fictitious material statements and representations, in a matter within the jurisdiction of the Federal Bureau of Investigation” in violation of 18 U.S.C. § 1001 (a)(2).

Count Three alleged that Fries knowingly possessed “two ... cylindrical type devices, sealed at both ends, fused with…