Lexington, Kentucky criminal defense lawyer represented Defendant charged with felony possession of a stolen firearm.

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Following a guilty plea, James Hitch was sentenced to fifty-one months of imprisonment and three years of supervised release. He now appeals his

sentence, alleging that the district court erred by applying a stolen-firearm enhancement under

U.S.S.G. § 2K2.1(b)(4)(A) and an enhancement for possessing a firearm in connection with

another felony offense under § 2K2.1(b)(6)(B).

Hitch and his co-defendant stole six firearms from Whitetail Heaven Outfitters Elite

Outdoors Superstore, a federally licensed firearms dealer. Hitch was indicted and ultimately

pleaded guilty to theft of multiple firearms from a federally licensed firearms dealer in violation

of 18 U.S.C. § 922(u), and illegally possessing firearms after having previously been convicted

of a felony, in violation of 18 U.S.C. § 922(g)(1).

The parties entered a plea agreement, in which they jointly recommended the application

of two enhancements: first, an enhancement under § 2K2.1(b)(1)(A) for the number of firearms

involved; and second, an enhancement pursuant to § 2K2.1(b)(6)(B) because Hitch possessed a

firearm in connection with another felony offense. The parties made no agreement about the

application of § 2K2.1(b)(4)(A)'s stolen-firearm enhancement and preserved their rights to

present arguments in favor or against its application.

The probation department prepared a Presentence Report (PSR). Pursuant to U.S.S.G.

§ 3D1.2(d), the PSR recommended grouping both counts together. Because the possession count

had the higher offense level, it set the base offense level at fourteen pursuant to

§ 2K2.1(a)(6)(A).

The PSR also recommended applying both the § 2K2.1(b)(1)(A) and § 2K2.1(b)(6)(B)

enhancements that the parties agreed to in their plea agreement. Further, the PSR recommended

application of the stolen-firearm enhancement, § 2K2.1(b)(4)(A).

Hitch objected to application of the stolen-firearm enhancement, arguing that its

application resulted in double counting. The district court overruled his objection.

The district court adopted the PSR's findings and calculations. Hitch's Guidelines range

was forty-six to fifty-seven months of imprisonment, and he requested a sentence at or near the

bottom of the range. The district court sentenced Hitch to fifty-one months of imprisonment and

three years of supervised release. He timely appealed.

fifty-one months of imprisonment and three years of supervised release. He now appeals his

sentence, alleging that the district court erred by applying a stolen-firearm enhancement under

U.S.S.G. § 2K2.1(b)(4)(A) and an enhancement for possessing a firearm in connection with

another felony offense under § 2K2.1(b)(6)(B). B

Affirmed.