United States v. Robert Shackley

Robert Shackley appeals the sentence imposed following his conviction of violating 26 U.S.C. § 5861 (d) for possession of an unregistered, sawed-off shotgun. The sentence was enhanced by the district court’s consideration of related conduct. We affirm.

FACTS

In December 1991, Shackley was an employee of Volcano House, a hotel in Hawaii Volcanoes National Park. Early in the morning of December 23, he was talking in the living room to Thomas Rivera, another Volcano House employee. A third employee, Brian Miller, was awakened by their talk and came into the living room to ask them to be quiet. Miller returned to his room. Rivera said that Shackley yelled that he was “going to put him [Miller] away.” Tracy Kaimimo-ku, Shackley’s girlfriend, was asleep in the room she shared with Shackley when she was awakened by Shackley pulling a shotgun out from under the mattress where he kept it. She followed Shackley into Miller’s room and saw him holding Miller by the hair. When initially questioned by park rangers she said that Shackley was pointing the muzzle of the gun at Miller. She later stated that she was misquoted by the rangers and that Shackley was holding the gun like a club. After…