153306P.pdf   06/03/2016  United States  v.  Deiago Davis
   U.S. Court of Appeals Case No:  15-3306
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Murphy, Author, with Riley, Chief Judge, and Wollman, Circuit 
   Judge] 
   Criminal case - Sentencing. In a case involving a charge of criminal 
   contempt based on defendant's refusal to testify before the grand jury 
   considering felon-in-possession charges against his companion, the 
   district court did not plainly err in calculating a base offense level of 
   20 for the underlying offense (the companion's possession of a weapon) 
   under Guidelines Sec. 2K2.1(a)(4)(A); nor did the district court err in 
   applying the Sec. 2K2.1(b)(6)(B) specific offense characteristic for the 
   companion's possession of a firearm in connection with another felony 
   offense - see U.S. v. Walker, 771 F.3d 449 (8th Cir. 2014); however, the 
   court did plainly err in applying the Sec. 2K2.1(b)(4)(A) specific offense 
   characteristic for possession of a stolen handgun, as the government 
   failed to prove defendant knew or should have known that his companion's 
   handgun was stolen; remanded for resentencing; since the issue was not 
   raised below, the government's failure to provide this proof may be 
   excusable, and on remand, the government should have the opportunity to 
   expand the record on the issue.