US v. Richard Brewington


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-cr-00285-H-1 Copies to all parties and the district court/agency. [1000060430].. [16-4244]

Download PDF
Appeal: 16-4244 Doc: 44 Filed: 04/12/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4244 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHARD LAWRENCE BREWINGTON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:15-cr-00285-H-1) Submitted: February 17, 2017 Decided: April 12, 2017 Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Vacated and remanded by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. John Stuart Bruce, United States Attorney, Jennifer P. May-Parker, First Assistant United States Attorney, Phillip A. Rubin, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-4244 Doc: 44 Filed: 04/12/2017 Pg: 2 of 3 PER CURIAM: Richard Lawrence Brewington appeals his 48-month sentence for five counts of possession of a firearm by a convicted felon and aiding and abetting. Brewington argues that the district court erred in applying a sentencing enhancement for engaging in the trafficking of firearms. For the reasons that follow, we vacate the court’s judgment and remand for resentencing. “In determining whether a district court properly applied the advisory [Sentencing] Guidelines, including application of any sentencing enhancements, we review the district court’s legal conclusions de novo and its factual findings for clear error.” United States v. Layton, 564 F.3d 330, 334 (4th Cir. 2009). Sentencing two The enhancement Guidelines conditions are Manual met. for trafficking § 2K2.1(b)(5) One, the firearms, (2015), defendant U.S. applies must if have “transported, transferred, or otherwise disposed of two or more firearms to another individual, or received two or more firearms with the intent to transport, transfer, or otherwise dispose of firearms to another individual.” USSG § 2K2.1 cmt. n.13(A)(i). Two, the defendant must have “[known] or had reason to believe that such conduct would result in the transport, transfer, or disposal of a firearm to an individual . . . whose possession or receipt of the firearm would be unlawful; or . . . who intended to use or dispose of the firearm unlawfully.” 2 USSG § 2K2.1 cmt. Appeal: 16-4244 Doc: 44 n.13(A)(ii). Filed: 04/12/2017 Pg: 3 of 3 Brewington does not dispute that he transferred the necessary number of firearms, but he argues that there was insufficient evidence to satisfy the knowledge requirement. Having carefully reviewed the record, we agree that the evidence before the district court was insufficient to demonstrate that Brewington knew or had reason to believe that the firearms recipient would be intended to Accordingly, we resentencing without enhancement. vacate possessed use or unlawfully, dispose Brewington’s application of of them sentence the or and firearm that their unlawfully. remand for trafficking We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. VACATED AND REMANDED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?