APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE. Hon. John A. Woodcock, Jr., U.S. District Judge.
Lenore Glaser for appellant.
René e M. Bunker, Assistant United States Attorney, with whom Thomas E. Delahanty II, United States Attorney, was on brief, for appellee.
Before Lynch, Thompson, and Kayatta, Circuit Judges.
KAYATTA, Circuit Judge.
Defendant Lauren MacArthur (" MacArthur" ) entered a straight guilty plea to: (1) illegal possession of firearms after having been previously convicted of a crime punishable by imprisonment for a term of more than one year; and (2) illegal possession of firearms that he knew or had reasonable cause to believe were stolen. The district court sentenced him to concurrent terms of imprisonment of 216 months for count one and 120 months for count two.
MacArthur now challenges the district court's calculation of the applicable sentencing ranges under the United States Sentencing Guidelines (" U.S.S.G." or the " Guidelines" ), which the district court considered in determining the length of MacArthur's sentence. He claims that the district court erred three times: (1) by treating two prior burglary convictions as crimes of violence so as to raise his base offense level to 26 under § 2K2.1(a)(1) of the Guidelines; (2) by denying him credit for acceptance of responsibility under § 3E1.1; and (3) by applying an obstruction of justice enhancement under § 3C1.2. MacArthur also makes several pro se supplemental claims.
For the reasons explained below, we affirm the sentence.
" Because this appeal follows a guilty plea, we draw the facts from the change-of-plea
colloquy, the presentence investigation report (PSI Report), and the transcript of the [sentencing] hearing." United States v. Cintrón-Echautegui, 604 F.3d 1, 2 (1st Cir. 2010).
On January 20, 2012, a Maine State trooper observed on Interstate 95 a moving vehicle displaying a license plate that was obscured by dirt. When the trooper activated his emergency lights, the vehicle (which was being driven by MacArthur) sped away. During the ensuing chase, MacArthur drove through red lights and intersections at high rates of speed, passing other vehicles at speeds of up to 90 miles per hour. Law enforcement eventually slowed MacArthur by deploying a spike strip that punctured one of his tires. MacArthur, nevertheless, pressed on, crossing into an oncoming lane of traffic at one point and hitting a bridge guardrail. The trooper eventually stopped MacArthur's vehicle by ramming it off the road. Once the vehicle was stopped, MacArthur fled on foot. Giving chase, law enforcement caught MacArthur and placed him under arrest.
After MacArthur's arrest, local police retrieved a firearm that had been spotted in a snowbank near the scene of the arrest, plus a second firearm found in a riverbank near where MacArthur's vehicle (with windows opened in the cold winter weather) had swerved during the chase. The firearms had been stolen in a burglary shortly before MacArthur's arrest. Each firearm had magazines inserted in them that would hold more than fifteen rounds of ammunition.
MacArthur was federally indicted on May 17, 2012, and pled guilty on November 26, 2012. On March 12, 2014, the district court sentenced MacArthur to concurrent terms of imprisonment of 216 and 120 months.
Between indictment and sentencing for his federal offenses, MacArthur found himself in jail on state charges. During that imprisonment, MacArthur assaulted a corrections officer. That assault occurred after MacArthur refused to comply with an order to return to his cell during a lockdown and obstructed the efforts of a corrections officer who attempted to close MacArthur's cell door. When the corrections officer grabbed MacArthur by the lapels and pushed him back into his cell, MacArthur began hitting the corrections officer in the face with a ...