United States v. Conway

OPINION

SUTTON, Circuit Judge.

After a grand jury issued a four-count indictment against Jeffrey Conway, he pleaded guilty to one of the counts in exchange for which the government dismissed the remaining three counts. At sentencing, the district court enhanced Conway’s offense level based in part on the conduct underlying one of the charged, but dismissed, counts. Because the district court did not err, either as a matter of fact or as a matter of law, in sentencing Conway, we affirm.

I

On June 12, 2005, a neighbor noticed that Conway’s garage door had been forced open, prompting the neighbor to…