Enhancements Based on Relevant Conduct in Gun Case Affirmed

US v. Hernandez, No. 07-2267 (10th Cir. May 22, 2008) (unpublished): Defendant convicted of being a felon in possession of a firearm and ammunition. Court found that sufficient evidence supported the application of USSG 2K2.1(b)(1)(A), which requires a two-level enhancement if the offense involved three or more firearms. Defendant had pled guilty to possession of only one firearm. The Court also affirmed application of the four-level enhancement of USSG 2K2.1(b)(6) for possession in connection with another felony. There was evidence that Hernandez was involved in three incidents in which drugs and guns were found in his vehicle and the State of New Mexico had filed drug charges against Hernandez in connection with the incidents. The trial court properly considered these incidents as relevant conduct to support the enhancements. The Tenth Circuit rejected the defendant's argument that the district court did not understand its authority to impose a below-guidelines sentence, and furthermore that he had failed to rebut the presumption that the 84-month sentence -- the bottom of the applicable guideline range -- was reasonable.