United States v. Todd Fries

OPINION

RAWLINSON, Circuit Judge:

Appellant Todd Russell Fries (Fries) challenges his sentence for his unlawful possession of unregistered destructive devices in violation of 26 U.S.C. § 5861(d). Fries asserts that the district court imper-missibly included his prior convictions for false statements and use of a chemical weapon, which were severed from the unregistered device charges, in calculating Fries’ criminal history category. We affirm Fries’ sentence. 1

I. BACKGROUND

In a second superseding indictment, Fries was charged with use of a chemical weapon in violation of-18 U.S.C. § 229(a),…