United States v. Constantine

SEYMOUR, Circuit Judge.

Paul Constantine pled guilty to one count of possession of an unregistered fire-aim and was sentenced to thirty-five months in prison. He appeals the district court’s computation of his sentence and refusal to depart downward from the sentencing guidelines. We affirm.

I

Background

On the night of September 18, 1998, residents of a home in Albuquerque heard the sounds of a break-in as they sat in their bedroom watching television. They escaped through a window and called the police from a neighbor’s home. Officers responding to the call discovered Mr. Constantine attempting…