Opinion of the Court — United States v. Landry

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Type: Opinion of the Court
Filed: April 16, 2002
Case: United States v. Landry
Case status: Decided

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MEMORANDUM ** Nathaniel James Landry appeals the 46-month sentence imposed following his guilty-plea convictions for dealing in firearms without a license, in violation of 18 U.S.C. § 922 (a)(1)(A), and unlicensed sale of a firearm to a non-resident, in violation of 18 U.S.C. § 922 (a)(5). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm in part, reverse in part, and remand. Landry contends that the district court erred by applying a four-level enhancement pursuant to § 2K2.1(b)(1)(D) of the United States Sentencing Guidelines (“U.S.S.G.”) for the unlawful sale of 13-24 firearms. Specifically, Landry contends that the transactions detailed in the Presentence Investigation Report (“PSR”) do not contain sufficient indicia of reliability, and further, that the PSR alone is insufficient to support the court’s finding, by a preponderance of the evidence, that he made at least 13 sales. Because Landry raises these contentions for the first time on appeal, we review for plain error, see United States v. Marin-Cnevas, 147 F.3d 889, 892-93 (9th Cir.1998), and conclude that they lack merit. The transactions contested by Landry were observed by Bureau of Alcohol, Tobacco and Fir…

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