United States v. Earnest Adams

DAMON J. KEITH, Circuit Judge.

Defendant Earnest Ray Adams pleaded guilty to possessing cocaine with the intent to distribute and to being a felon in possession of a firearm. The district court found that Adams’ weapon, a shotgun with a shortened barrel and removed stock, was a “destructive device,” applied a two-level sentencing enhancement to his base offense level, and sentenced him to 130 months of imprisonment. On appeal, Adams argues that the sentencing enhancement was improper because his weapon falls under the “shotgun shell” ex ception in 26 U.S.C. § 5845(f)(2). For the reasons set…