United States v. Jimmy Coffin

MEMORANDUM

Jimmy Lee Coffin appeals his sentence for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). Coffin was convicted on a single count stemming from his actions during a late night confrontation with a village peace officer in Noorvik, Alaska that resulted in Coffin attacking the officer with his fists and taking the keys to the officer’s four-wheeler while carrying a rifle. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

Section 2K2.1(b)(6) of the United States Sentencing Guidelines provides for a four-level enhancement to the base offense level, “[i]f the defendant used or possessed any firearm ... in connection with another felony offense.” U.S.S.G. § 2K2.1(b)(6) (2010). Coffin challenges application of the four-level enhancement to his sentence for two reasons: (1) the government did not prove that the firearm was used “in connection with” the theft of the four-wheeler, and (2) the government did not prove the existence of “another felony.” Both reasons support vacating Coffin’s sentence and remanding for resentencing.

First, based on the district court’s reference during the…