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Date: 01-24-2023
Case Style:
United State of America v. James Andrew Hitch
Case Number: 22-5088
Judge: McKeague
Court: United States Court of Appeals for the Sixth Circuit on appeal from the Eastern District of Kentucky (Fayette County)
Plaintiff's Attorney: United States District Attorney's Office in Lexington
Defendant's Attorney: John F. Clark
Description: Lexington, Kentucky criminal defense lawyer represented Defendant charged with felony possession of a stolen firearm.
Following a guilty plea, James Hitch was sentenced to fifty-one months of imprisonment and three years of supervised release. He now appeals his
sentence, alleging that the district court erred by applying a stolen-firearm enhancement under
U.S.S.G. § 2K2.1(b)(4)(A) and an enhancement for possessing a firearm in connection with
another felony offense under § 2K2.1(b)(6)(B).
Hitch and his co-defendant stole six firearms from Whitetail Heaven Outfitters Elite
Outdoors Superstore, a federally licensed firearms dealer. Hitch was indicted and ultimately
pleaded guilty to theft of multiple firearms from a federally licensed firearms dealer in violation
of 18 U.S.C. § 922(u), and illegally possessing firearms after having previously been convicted
of a felony, in violation of 18 U.S.C. § 922(g)(1).
The parties entered a plea agreement, in which they jointly recommended the application
of two enhancements: first, an enhancement under § 2K2.1(b)(1)(A) for the number of firearms
involved; and second, an enhancement pursuant to § 2K2.1(b)(6)(B) because Hitch possessed a
firearm in connection with another felony offense. The parties made no agreement about the
application of § 2K2.1(b)(4)(A)’s stolen-firearm enhancement and preserved their rights to
present arguments in favor or against its application.
The probation department prepared a Presentence Report (PSR). Pursuant to U.S.S.G.
§ 3D1.2(d), the PSR recommended grouping both counts together. Because the possession count
had the higher offense level, it set the base offense level at fourteen pursuant to
§ 2K2.1(a)(6)(A).
The PSR also recommended applying both the § 2K2.1(b)(1)(A) and § 2K2.1(b)(6)(B)
enhancements that the parties agreed to in their plea agreement. Further, the PSR recommended
application of the stolen-firearm enhancement, § 2K2.1(b)(4)(A).
Hitch objected to application of the stolen-firearm enhancement, arguing that its
application resulted in double counting. The district court overruled his objection.
The district court adopted the PSR’s findings and calculations. Hitch’s Guidelines range
was forty-six to fifty-seven months of imprisonment, and he requested a sentence at or near the
bottom of the range. The district court sentenced Hitch to fifty-one months of imprisonment and
three years of supervised release. He timely appealed.
fifty-one months of imprisonment and three years of supervised release. He now appeals his
sentence, alleging that the district court erred by applying a stolen-firearm enhancement under
U.S.S.G. § 2K2.1(b)(4)(A) and an enhancement for possessing a firearm in connection with
another felony offense under § 2K2.1(b)(6)(B). B
Outcome: Affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: