Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 2:19-cr-20095—Mark S. Norris, Sr., District Judge.
Argued: October 20, 2020
Decided and Filed:November 17, 2020
Before: MERRITT, MOORE, and GIBBONS, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. The district court sentenced Richard Mukes to
a term of 120 months’ imprisonment after he pled guilty to possessing a firearm as a convicted
felon. See 18 U.S.C. § 922(g)(1). Mukes appeals his sentence because he believes that the
district court improperly calculated his sentencing guidelines range. Specifically, he argues that
the district court erred in applying a four-point enhancement for using or possessing a firearm in
connection with another felony offense, U.S.S.G. § 2K2.1(b)(6)(B), and in applying a two-point
enhancement for reckless endangerment during flight, § 3C1.2. Mukes further contends that the
district court erred in denying him a two-point reduction for acceptance of responsibility,
§ 3E1.1. Because the government failed to demonstrate that either enhancement was applicable
on this record, the district court erred in applying them. We therefore vacate Mukes’s sentence
and remand the case to the district court for resentencing on the existing record with instructions
not to apply either enhancement. In light of our decision on the enhancements, the district court
should consider whether Mukes may receive the two-point reduction for acceptance of