U.S. v. King

Opinion OF THE COURT YOHN, District Judge Defendant-appellant Robert L. King pleaded guilty to one count of receiving or possessing stolen United States savings bonds, a violation of 18 U.S.C. § 641. At sentencing, King received a two-point offense level enhancement based upon the district court's determination that he was ""an organizer, leader, manager, or supervisor"" in the criminal activity to which he pleaded guilty. U.S.S.G. § 3B1.1(c). His base offense level was also enhanced by four points pursuant to former sentencing guideline § 2B1.2 upon the district court's Conclusion that King was ""in the business of receiving and selling stolen property."" U.S.S.G. § 2B1.2(b)(4)(A).1 On appeal, King challenges the district court's application of those guideline sections, contending that both of those Conclusions were erroneous. For the reasons discussed herein, we will affirm the former ruling but reverse the latter and remand for resentencing. I.