Submitted: March 6, 2017
from United States District Court for the Southern District
of Iowa - Des Moines
WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges.
MELLOY, Circuit Judge.
Moore pled guilty to making a false statement during the
purchase of a firearm, in violation of 18 U.S.C. §
924(a)(1)(A). At sentencing, Moore argued he was entitled to
a sentence reduction under United States Sentencing
Guidelines § 2K2.1(b)(2) because he possessed the
firearms solely for sporting use. The district
court concluded that Moore was not entitled to a
sentence reduction and sentenced Moore to twelve months and
one day of imprisonment. The district court also imposed a
special condition of release requiring Moore attend a
treatment program for anger control/domestic violence based
on a ten-year old conviction for terroristic threats. Moore
appeals his sentence and the special condition. We affirm.
September 22, 2013, Moore executed a Department of Justice,
Bureau of Alcohol, Tobacco, Firearms, and Explosives Form
4473 to purchase a firearm. On the form, Moore represented
that he was not an unlawful user of a controlled substance.
27, 2015, law enforcement officers executed a search warrant
at Moore's residence. During the search, officers
recovered four handguns, a rifle, and evidence of marijuana
use. Moore later admitted that he was a marijuana user both
at the time of the search and when he filled out Form 4473.
was charged with making a false statement during the purchase
of a firearm, in violation of 18 U.S.C. § 924(a)(1)(A),
and being an unlawful user of a controlled substance in
possession of a firearm, in violation of 18 U.S.C.
§§ 922(g)(3) and 924(a)(2). Pursuant to a plea
agreement, Moore pled guilty to the false statement charge,
and the government agreed to dismiss the unlawful-user count
presentence investigation report (PSR) calculated Moore's
guideline range at 12-18 months' imprisonment, based on
an offense level of 13 and a criminal history category of I.
Moore objected to the PSR's guideline range, arguing it
should be reduced to 0-6 months because he possessed the
firearms for sporting purposes, pursuant to U.S.S.G. §
2K2.1(b)(2). Moore also objected to the PSR's recommended
special condition of supervised release requiring Moore's
participation in a treatment program for anger
control/domestic violence. The district court overruled both
objections and sentenced Moore to 12 months and one day of
imprisonment and 24 months' supervised release, with the
recommended special condition.
appeal, Moore challenges the denial of a sentence reduction
pursuant to U.S.S.G. § 2K2.1(b)(2), and the special
condition of supervised release.
review the application of the sentencing guidelines de novo
and the underlying factual findings for clear error.
United States v. Walker, 688 F.3d 416, 420 (8th Cir.
2012). Under U.S.S.G. § 2K2.1(b)(2), a defendant's
base offense level is reduced to level six if the defendant
"possessed all ammunition and firearms solely for lawful
sporting purposes or collection, and did not unlawfully
discharge or otherwise unlawfully use such firearms or
ammunition." The burden is on the defendant to prove