United States Of America V. Askew

Antoine Askew ("Askew") challenges his sentence for stealing firearms from a licensed firearm dealer in violation of 18 U.S.C. § 922(u) (1994). Specifically, Askew challenges the four offense level increase he received pursuant to U.S.S.G. § 2K2.1(b)(5) (1998) for transferring a firearm with reason to believe it would be used in another felony. Askew argues that the district court erred in applying the enhancement because there was insufficient evidence to prove he had reason to believe the firearms, once sold, would be used in another felony. Because the sentencing record does not establish the facts required to support this enhancement, we vacate the appellant's sentence and remand the case to the district court for resentencing.