United States v. Kitchen

OPINION OF THE COURT

SMITH, Circuit Judge.

Defendant Sylvester Kitchen pleaded guilty to 19 counts of making false statements to a federally licensed firearms dealer in violation of 18 U.S.C. § 924(a)(1)(A); one count of unlawful dealing in firearms in violation of 18 U.S.C. §§ 922(a)(1)(A) and 924(a)(1)(D); and two counts of transferring firearms to a convicted felon in violation of 18 U.S.C. § 922(d)(1) and 924(a)(2). The District Court sentenced Kitchen to 57 months imprisonment. Kitchen appeals the District Court’s decision at sentencing to depart upward pursuant to U.S.S.G. § 5K2.2 because…