9 F.3d 1548 (6th Cir. 1993), 92-6496, U.S. v. Phillips

Docket Nº:92-6496.
Citation:9 F.3d 1548
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Robert Lynn PHILLIPS, Defendant-Appellant.
Case Date:November 09, 1993
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 1548

9 F.3d 1548 (6th Cir. 1993)

UNITED STATES of America, Plaintiff-Appellee,


Robert Lynn PHILLIPS, Defendant-Appellant.

No. 92-6496.

United States Court of Appeals, Sixth Circuit

November 9, 1993

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court for the Western District of Kentucky, No. 92-00061; Simpson, J.



Before: MARTIN and NORRIS, Circuit Judges; and CONTIE, Senior Circuit Judge.


Robert Lynn Phillips appeals the sentence he received after pleading guilty to one count of possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1), and one count of concealment and storage of stolen firearms, in violation of 18 U.S.C. § 922(j). Phillips claims that the district court incorrectly calculated his base offense level under section 2K2.1 of the Sentencing Guidelines. For the following reasons, we affirm the judgment of the district court.

On November 3, 1991, Robert Phillips escaped with another inmate from the Blackburn Correctional Complex in Lexington, Kentucky where he was serving a state sentence on charges of burglary, receiving stolen property, and trafficking in a controlled substance. In Lexington, Phillips and his accomplice discovered a parked, unlocked van. While canvassing the van for cash or pawnable items, the men found two guns--a revolver and a semi-automatic rifle. Taking the guns, Phillips and his cohort subsequently located a Mercedes automobile with the keys in the ignition and stole the car. The men were arrested on November 4 after a member of the Bullitt County, Kentucky Sheriff's Department identified the Mercedes as stolen. The guns were recovered during a search incident to the arrests.

A grand jury returned a two-count indictment against Phillips and the codefendant on June 1, 1992. The indictment charged Phillips with one count of being a felon in possession of a firearm and one count of concealment and storage of stolen firearms. On August 20, Phillips entered into a plea agreement with the government pursuant to FED.R.CRIM.P. 11(e)(1)(B), in which the government agreed to recommend a sentence at the low end of the sentencing range and not to oppose a...

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