Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Roberto Prieto

Case No.: 22-3070

Officials: Brennan, Scudder, and St. Eve, Circuit Judges.

Focus: Sentencing Guidelines

Prieto, a previously convicted felon, orchestrated a series of firearm transactions with a confidential source (CS). In their initial transaction, which concluded as a successful sale, the CS disclosed to Prieto that they were on parole and implied that they might have outstanding warrants. Despite this revelation, Prieto maintained contact with the CS and subsequently sold several more firearms to them.

Prieto entered a guilty plea on three counts of unlawfully possessing a firearm as a felon, as outlined in 19 U.S.C. 922(g)(1). The Pre-Sentence Report (PSR) recommended, and the Seventh Circuit upheld, the application of enhancements to Prieto’s base offense level based on the United States Sentencing Guidelines (U.S.S.G.):

Enhancement under U.S.S.G. 2K2.1(b)(5) for “trafficking” firearms, as Prieto transferred two or more firearms to the CS and knew or had reason to believe that the CS was an individual whose possession of the firearms would be unlawful.

Enhancement under section 2K2.1(b)(1)(B) because Prieto’s actions involved eight firearms.

An enhancement for obstruction of justice.

With these enhancements, Prieto’s sentencing guidelines indicated a range of 140-175 months’ imprisonment. The court ultimately imposed a 120-month sentence. It dismissed arguments challenging whether the government had proven that the CS was indeed on parole or whether Prieto had reason to believe the CS remained on parole at the time of transferring the firearms. Additionally, the court rejected the claim that Prieto should not be held accountable for eight firearms since, in the case of three of them, he had only offered (unsuccessfully) to sell them to the CS.

Affirmed.

Decided 10/23/23

Full Text