United States v. Carpenter

252 F.3d 230 (2nd Cir. 2001)

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Nature of the Case

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Facts

D and Wise, a sales associate at Dick's, participated in a conspiracy to steal firearms from Dick's. Wise initially approached D with the plan to steal firearms from Dick's. Wise would contact D and inform him when a specific theft should occur. When D arrived at Dick's, Wise handed D a pre-selected firearm. D then completed the Alcohol, Tobacco, and Firearms (ATF) Form 4473 transferring the firearm from Dick's to himself. Wise signaled to the cashier that D 'was all set' and could leave without paying for the firearm. On each executed Form 4473, D signed as the buyer and Wise signed as the seller on behalf of Dick's. All of the firearm thefts occurred in roughly the same manner. D was in charge of disposing of the firearms stolen from Dick's. D was a partner in a business named 'The Gun Room,' which possessed a federal firearms license. D was able regularly to acquire firearms and subsequently resell them to Dick's and other businesses. The Gun Room's firearms license expired in August 1994. D continued to acquire firearms from Dick's until March 1997, when Dick's first became aware of the thefts. Eventually, the scheme was uncovered and D and Wise made confessions to ATF agents. D and Wise engaged in fifty separate firearm thefts from Dick's, netting a total of forty-two separate firearms. Fifteen were resold by D to Dick's and fifteen were given to Wise. D resold the rest. D and Wise split the monies from the sales of the guns. D pleaded guilty to an information charging him with one count of conspiring to steal firearms. The district court heard extensive arguments from both parties on the issue of whether D was entitled to a mitigating role adjustment. The court reduced D's base offense level by three levels. This resulted in a total offense level of 12. This resulted in a guideline imprisonment range of 10 to 16 months. D qualified for one half of his minimum term of imprisonment by community confinement or home detention. The court sentenced D at the lowest end of that range and ordered him to serve a term of imprisonment of five months, followed by five months in home detention. D was to pay restitution in the amount of $17,975.04. P appealed.