United States v. Jorge Edmundo Enriquez-Munoz

Enriquez-Munoz appeals a two-year sentence imposed by the district court. He contends that the court used impermissible factors to justify an upward departure from the Sentencing Guidelines. We vacate the excess portion of Enriquez-Mu-noz’s sentence and reduce it to 10 months, the maximum allowable under the Guidelines.

FACTS

Enriquez-Munoz pled guilty to one count of aiding and abetting in providing false statements in firearms acquisition, a violation of 18 U.S.C. § 922 (a)(6). The false statement he aided or abetted related to the purchase of rifles from a gun shop. Absent the false statement, the purchase of the rifles would not have violated any statute. At sentencing, the district court was provided with a presentence report which included the following facts:

Under § 2K2.1 of the Sentencing Guidelines, a person who pleads guilty to a violation of 18 U.S.C. § 922 (a)(6) has a base level of 4-10 months; however, Enriquez-Munoz was sentenced to 24 months in prison. The district court held that an upward departure from the Guidelines was warranted because of the number and type of firearms involved, the greed of the defendant and the sentence of a co-defendant.…