United States v. Cook

Sweet and Cook stole 32 firearms from two licensed firearms dealers. Arrested separately, days later, Sweet admitted that he sold two guns to his “dope dealer” for $200 plus three rocks of cocaine base and that he and Cook sold eight firearms for $500 and four grams of heroin. Cook helped authorities retrieve nine firearms that were hidden. Both pled guilty to two counts of theft of firearms from a licensed dealer, 18 U.S.C. 924(m). Presentence Investigation Reports recommended a base offense level of 20 (U.S.S.G. 2K2.1(a)(4)(A)) for each, and enhancements: six levels (U.S.S.G. 2K2.1(b)(1)(C)), because the theft involved 32 firearms; two levels (2K2.1(b)(4)(A)), because the firearms were stolen; four levels (2K2.1(b)(5)) because they trafficked firearms; and four levels (2K2.1(b)(6)(B)), because the firearms were used in connection with another felony, distribution of heroin. Both contended that the 2K2.1(b)(6)(B) enhancement did not apply because the firearms did not facilitate the drug offense and that application of both 2K2.1(b)(5) and 2K2.1(b)(6)(B) constituted double counting because they were based on the same conduct, firearms trafficking. The Sixth Circuit affirmed application of the enhancements, which address different aspects of the same action: selling firearms and purchasing drugs. Each could have occurred without the other. View "United States v. Cook" on Justia Law