United States v. Hott, 080717 FED5, 16-11435

Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
Judge Panel:Before STEWART, Chief Judge, and JONES and CLEMENT, Circuit Judges.
Opinion Judge:EDITH BROWN CLEMENT, Circuit Judge.
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee v. SHAWN KEITH HOTT, Defendant-Appellant
Case Date:August 07, 2017
Docket Nº:16-11435
 
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UNITED STATES OF AMERICA, Plaintiff - Appellee

v.

SHAWN KEITH HOTT, Defendant-Appellant

No. 16-11435

United States Court of Appeals, Fifth Circuit

August 7, 2017

         Appeal from the United States District Court for the Northern District of Texas

          Before STEWART, Chief Judge, and JONES and CLEMENT, Circuit Judges.

          EDITH BROWN CLEMENT, Circuit Judge.

         Shawn Keith Hott pleaded guilty to being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § ; 922(g)(1). The district court sentenced Hott to 120 months of imprisonment. Hott challenges his sentence on appeal. For the reasons set forth below, we AFFIRM.

         I

         In 2015, Hott approached an unidentified witness who was using a storage facility in Fort Worth, Texas, stating that he makes guns and silencers. Hott showed the witness firearms, homemade silencers, and ammunition. Hott also displayed bags of ammonium nitrate and aluminum powder, which he stated could be combined to explode and level a building. Concerned by Hott's statements and display, the witness alerted law enforcement authorities. Federal agents later entered Hott's storage unit pursuant to a search warrant and seized thousands of rounds of ammunition, along with bags of ammonium nitrate and aluminum powder. A subsequent search of Hott's RV pursuant to a search warrant revealed firearms, silencers, and more ammunition.

         Hott was indicted for one count of being a felon in possession of a firearm and ammunition under 18 U.S.C. § 922(g)(1). Pursuant to U.S.S.G. § 2K2.1(a)(3), the Presentence Report (PSR) calculated Hott's base offense level to be 22 based on a prior Texas felony conviction for possession with intent to deliver methamphetamine. The PSR added four levels under U.S.S.G. § 2K2.1(b)(1)(B) based on the amount of firearms involved in the offense. The PSR also added four levels under U.S.S.G. § 2K2.1(b)(6)(B) because Hott used or possessed a firearm or ammunition in connection with another felony offense. Finally, the PSR recommended that Hott did not qualify for a sentence reduction based on acceptance of responsibility under U.S.S.G. § 3E1.1(a).

         The Sentencing Guidelines range was calculated as 135 to 168 months, but because the statutory maximum sentence was ten years, the Guidelines range became 120 months. The district court sentenced Hott to 120 months.

         II

         A.

         First, Hott contends that the district court erred in imposing the § 2K2.1(b)(6)(B) enhancement for using or possessing a firearm in connection with another felony offense. He raised this objection before the district court, which overruled the objection. We review the district court's application...

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