APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MAINE Hon. George Z. Singal, U.S. District Judge.
Elizabeth Lee, on brief for Appellant.
B. Frank, United States Attorney, with whom Benjamin M.
Block, Assistant United States Attorney, was on brief for
Lynch, Stahl, and Thompson, Circuit Judges.
Adam Brake pleaded guilty to one count of possession of a
firearm by a convicted felon in violation of 18 U.S.C. §
922(g)(1). In calculating Brake's sentence, the district
court applied, inter alia, a two-level enhancement
for possession of a stolen firearm and a four-level
enhancement for using a firearm in connection with another
felony. On appeal, Brake challenges the district court's
application of these two enhancements. After careful
consideration, we affirm.
Factual Background and Prior Proceedings
briefly summarize the essential facts of the case.
"Because this appeal follows a guilty plea, we draw the
relevant facts from the plea agreement, the change-of-plea
colloquy, the undisputed portions of the presentence
investigation report ('PSR'), and the transcript of
the disposition hearing." United States v.
O'Brien, 870 F.3d 11, 14 (1st Cir. 2017).
2016, in response to a reported burglary, officers from the
Berwick (Maine) Police Department stopped a car matching a
bulletin for a separate burglary. Brake was inside the car
and consented to a search of the vehicle. Police discovered
a crowbar and multiple laptop computers in the trunk of the
car. At that point, Brake confessed to multiple burglaries in
subsequent interview following Miranda warnings,
Brake reaffirmed his earlier confession and informed police
that some of the stolen property remained stashed at a
Berwick residence. After a search of the premises (presumably
conducted pursuant to a search warrant), police recovered
numerous items from multiple burglaries, including currency,
electronics, jewelry, and (most notably for purposes of this
appeal) nine firearms. On June 5, 2017, Brake pleaded guilty
to an information charging possession of a firearm by a
felon, and separately admitted to four violations of the
terms of his supervised release on an earlier conviction.
the 2016 Sentencing Guidelines, the United States Probation
Office ("Probation") issued its first PSR for the
felon in possession count in July 2017. Based on Brake's
criminal history, the PSR calculated a base offense level of
20, see U.S.S.G. § 2K2.1(a)(4)(A), and applied
enhancements for specific offense characteristics: (a) a
four-level increase based on the number of firearms involved
in the offense, id. § 2K2.1(b)(1)(B); and (b) a
two-level increase because the offense involved stolen
firearms, id. § 2K2.1(b)(4)(A). Following
Brake's objections to the first PSR, Probation issued a
second PSR which included in its calculation an additional
enhancement of four levels because Brake "used or
possessed  firearm[s] . . . in connection with another
felony offense," id. § 2K2.1(b)(6)(B),
namely the felony burglaries during which Brake stole the
objected to both PSRs on a number of grounds, none of which
are claimed to be relevant here. The district court overruled
all of Brake's objections to the guidelines calculation.
On September 25, 2017, the court sentenced Brake to a term of
84 months' incarceration for possession of a firearm by a
felon and a concurrent term of 24 months' incarceration
for violating the terms of his supervised
release. Brake timely appealed.
sole argument in this appeal is that the district court erred
in imposing both the two-level enhancement under Section
2K2.1(b)(4)(A) and the four-level enhancement under Section
2K2.1(b)(6)(B). The government both contests this argument
and counters that, in any event, Brake's claim has been
waived because he did not object to the Section
2K2.1(b)(4)(A) stolen gun enhancement when he was before the
district court. In response, Brake argues that ...