Hayes

MEMORANDUM *

Aaron Elliott Hayes (“Hayes”) pleaded guilty to one count of making a false statement in the acquisition of a firearm in violation of 18 U.S.C. § 922 (a)(6) and 924(a)(2). The district court sentenced him to 16 months imprisonment, assessed a fine of $15,000, and imposed a three-year term of supervised release with a number of special conditions. Hayes appeals his sentence. Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and we affirm in part, vacate in part and remand.

*592 I. The 16-Month Prison Sentence

Hayes argues that the district court abused its discretion in imposing a sentence at the high end of the Guidelines range. 1 Hayes argues that the district court erred by presuming the Guidelines range was reasonable, failing to consider alternatives to incarceration, and having no reliable factual basis for the sentence imposed.

A. Whether the District Court Presumed the Guidelines Sentence was Reasonable

It is clear that in determining Hayes’ sentence, the district court began with the Guidelines…