GRUENDER, Circuit Judge.
Benjamin Pepper pled guilty to possession of a firearm by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3), and was sentenced to sixty months' imprisonment. Pepper appeals his sentence, arguing that the district court
On June 29, 2009, Union County, Arkansas sheriff deputies arrested Pepper after finding methamphetamine, marijuana, and four firearms in his car during a traffic stop. Pepper was charged in Arkansas state court for simultaneous possession of drugs and firearms, in violation of Ark. Code § 5-74-106, and was admitted into the Ouachita County Drug Court Program without having pled guilty or been sentenced. Pepper repeatedly failed drug
On July 21, 2011, agents from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives executed a search warrant at Pepper's home and an adjacent shed. The agents discovered 110 firearms, a large stockpile of ammunition, a glass jar containing cocaine residue, and a smoking device. A federal grand jury indicted Pepper on several charges. On August 13, 2012, Pepper pled guilty to being an unlawful user of a controlled substance in possession of a firearm, and the Government moved to dismiss the remaining charges against him pursuant to a plea agreement.
Prior to Pepper's sentencing on the federal charge, the probation officer prepared a presentence investigation report ("PSR"). The PSR recommended imposing a sentencing enhancement for trafficking in firearms pursuant to U.S.S.G. § 2K2.1(b)(5).
We turn first to the district court's imposition of the trafficking-in-firearms enhancement. "We review the district court's application of the Guidelines de novo and review its factual findings for clear error." United States v. Woodard, 694 F.3d 950, 953 (8th Cir.2012). The Government must prove the facts that support application of a sentencing enhancement by a preponderance of the evidence. United States v. Brooks, 648 F.3d 626, 629 (8th Cir.2011). However, "unless a defendant objects to a specific factual allegation contained in the PSR, the court may accept that fact as true for sentencing purposes." United States v. Freeman, 718 F.3d 1002, 1005 (8th Cir.2013) (quoting United States v. Oaks, 606 F.3d 530, 541 (8th Cir.2010)); see also Fed. R.Crim. Pro. 32(i)(3)(A). A defendant must object to facts contained in the PSR "with specificity and clarity" so as "to put the Government on notice of the challenged facts." United States v. Razo-Guerra, 534 F.3d 970, 976 (8th Cir.2008).
On appeal, Pepper also contends that the district court should not have relied on the facts contained in the PSR because Charles's statements to law enforcement officers constitute hearsay. Because Pepper did not present this argument to the district court, we review only for plain error. United States v. San-Miguel, 634 F.3d 471, 474-75 (8th Cir. 2011). We will reverse under plain error review only if Pepper can "show that there was an error, the error is clear or obvious under current law, the error affected the party's substantial rights, and the error seriously affects the fairness, integrity, or public reputation of judicial proceedings." United States v. Mesteth, 687 F.3d 1034, 1037 (8th Cir.2012) (quoting United States v. Poitra, 648 F.3d 884, 887 (8th Cir. 2011)). Here, Pepper has not shown that the district court erred, plainly or otherwise. In sentencing, "the court may consider relevant information without regard to its admissibility under the rules of evidence applicable at trial, provided that the information has sufficient indicia of reliability to support its probable accuracy." U.S.S.G. § 6A1.3. Charles's statements that he had received firearms from Pepper were corroborated by the fact that the machine gun that Pepper had purchased from a pawn shop was found in Charles's possession. The corroboration of a declarant's statement provides sufficient indicia of reliability to support the statement's probable accuracy. United States v. Woods, 596 F.3d 445, 448 (8th Cir.2010) (finding that corroboration of hearsay statements supported the statements' probable accuracy); Brooks, 648 F.3d at
The trafficking-in-firearms enhancement applies "[i]f the defendant engaged in the trafficking of firearms." U.S.S.G. § 2K2.1(b)(5). A defendant engaged in the trafficking of firearms if he:
U.S.S.G. § 2K2.1, comment. (n.13). The facts contained in the PSR support both prongs of the enhancement. First, Charles stated that Pepper transferred several firearms to him. And the machine gun that Pepper acquired from a pawn shop subsequently was found in Charles's possession, permitting the inference that Pepper transferred the machine gun to Charles. Second, Pepper knew that Charles was a drug dealer — indeed, Charles was his drug dealer — and, at least once, traded a firearm to Charles in exchange for methamphetamine. Thus, Pepper had reason to believe that Charles intended to use the firearms unlawfully. See United States v. Freeman, 640 F.3d 180, 189-90 (6th Cir.2011) (holding that defendant's trading of firearms to drug dealer in exchange for heroin gave defendant reason to believe that drug dealer intended to use firearm unlawfully). Moreover, the machine gun that Pepper transferred to Charles was not registered, making Charles's possession of it necessarily unlawful. See 26 U.S.C. § 5861(d) (proscribing the receipt and possession of certain firearms, including machine guns, absent proper federal registration). Therefore, the district court did not err in applying the trafficking-in-firearms enhancement.
We turn next to the district court's addition of three points to Pepper's criminal history score for his state conviction. A defendant's criminal history score will be increased by three points "for each prior sentence of imprisonment exceeding one year and one month." U.S.S.G. § 4A1.1(a). "The term `prior sentence' means any sentence previously imposed upon adjudication of guilt, whether by guilty plea, trial, or plea of nolo contendere, for conduct not part of the instant offense." U.S.S.G. § 4A1.2(a)(1). "We review `prior sentence' and `relevant conduct' determinations for clear error, `remembering that such a determination is fact-intensive and well within the district court's sentencing expertise and greater familiarity with the factual record.'" United States v. Hernandez, 712 F.3d 407, 409 (8th Cir. 2013) (quoting United States v. Boroughf, 649 F.3d 887, 890 (8th Cir.2011)).
Pepper offers two arguments that the district court erred by concluding that his state conviction for simultaneous possession of drugs and firearms falls within the scope of § 4A1.1(a). First, he argues that his state sentence was not "previously imposed" because it was imposed after he
Second, Pepper argues that his state conviction covered conduct that was "part of the instant offense" and thus was not a prior sentence under § 4A1.1(a). Conduct is "part of the instant offense" if it constitutes "relevant conduct" under U.S.S.G. § 1B1.3. U.S.S.G. § 4A1.2, comment. (n.1); Brooks, 722 F.3d at 1108. "[C]onduct underlying a prior conviction is not relevant to the instant offense if the former conviction was a severable, distinct offense from the latter." Hernandez, 712 F.3d at 409 (quoting United States v. Weiland, 284 F.3d 878, 881 (8th Cir.2002)) (internal quotation marks omitted). "Factors we have consistently applied in reviewing this determination include `temporal and geographical proximity, common victims, common scheme, charge in the indictment, and whether the prior conviction is used to prove the instant offense.'" Id. (quoting United States v. Pinkin, 675 F.3d 1088, 1091 (8th Cir.2012)). Pepper argues that his state conviction for simultaneous possession of drugs and firearms is so similar to his federal offense as to be "part of" the federal offense. Although the state and federal offenses are similar in nature, several factors convince us that the offenses nevertheless are severable and distinct. Pepper committed the state offense in 2009, while he committed the federal offense more than two years later in 2011. The state offense occurred in Pepper's car, while the federal offense occurred in his home. The state offense involved Pepper's possession of four firearms, while the federal offense involved his possession of at least forty-one firearms. The convictions resulted from different law enforcement investigations, were prosecuted by different sovereigns, and depended on proof of different facts. Nothing in the record shows any continuity between the two offenses. In addition, the federal indictment did not mention the state offense. Thus, the district court did not clearly err in concluding that the state offense was severable and distinct from the federal offense. See id. (affirming application of § 4A1.1(a) based on state sentence for methamphetamine distribution in sentencing for federal methamphetamine distribution charge) ("At issue here are two distinct distribution offenses that were committed four months apart, uncovered during unrelated law enforcement operations, and charged by two different jurisdictions."). Accordingly, the district court correctly calculated Pepper's criminal history score.
For the foregoing reasons, we affirm Pepper's sentence.