Sullivan

MEMORANDUM **

Jennifer D. Sullivan appeals the concurrent sentences of 24 months imposed following her guilty-plea conviction to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g), and being in possession of a firearm with an obliterated serial number, in violation of 18 U.S.C. § 922 (k). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we vacate and remand.

Sullivan contends that the district court erred by adding 2 points to her criminal history total pursuant to U.S.S.G. § 4Al.l(e). Section 4Al.l(e) instructs that 2 points are added to a defendant’s criminal history “if the defendant committed the instant offense less than two years after release from imprisonment on a sentence counted under [§ 4A1.1] (a) or (b).” Id. Sullivan does not dispute that in May 2000 she received a sentence of imprisonment of 2.5 years on a state drug charge, but contends that she was actually released from that imprisonment for purposes of section 4Al.l(e) when she was transferred from state prison to a community drug treatment center in July 2001.

We conclude that we cannot resolve this issue on the present record. Therefore, we vacate and remand for such…