Nov 26, 2024
PROVIDENCE, R.I. (WPRI) — A Burrillville man who investigators say hoarded hundreds of guns and thousands of rounds of ammunition has lost an appeal seeking to have his prison sentence reduced. Ronald Andruchuk, 40, was sentenced to more than five years in prison last year after pleading guilty to three federal counts that he lied on applications when buying firearms. Investigators found more than 200 guns strewn around his Burrillville home, along with more than 25,000 rounds of ammunition and a flamethrower. In his plea deal with the government, Andruchuk agreed he could not appeal his sentence as long as the judge did not go over a recommended guideline range when handing down the punishment. Andruchuk appealed anyway, arguing there was insufficient evidence to support the sentence, as well as ineffective legal counsel. On Tuesday, a three-judge panel of the 1st U.S. Circuit Court of Appeals rejected Andruchuk’s arguments. In the 23-page decision written by U.S. Circuit Judge Bruce Selya, the court noted Andruchuk fully understood his ability to appeal was all but closed off during his change-of-plea hearing because he was repeatedly asked by the sentencing judge about what he was agreeing to. "The waiver of appeal was knowing and voluntary," Selya wrote, adding the sentence fell within the guideline range to prevent an appeal. Andruchuk made a technical argument that despite the plea agreement preventing an appeal, he was allowed to do so because of an issue with the evidence presented at sentencing. He said part of his 63-month sentence was calculated on the government’s accusation that he possessed illegal large-capacity magazines. Under federal rules, those magazines needed to be attached to semiautomatic weapons for them to count toward a higher sentence. But Andruchuk said the evidence the government presented did not expressly show any magazines connected to the guns. Selya rejected the argument, writing that no one questioned the evidence at the time because the defendant himself "conceded the accuracy of all the facts presented at sentencing." The facts were written in what's called a presentence investigative (PSI) report the judge uses to determine an appropriate sentence. "To be sure, the defendant argues that the government never proved that this jumble of guns and ammunition contained a magazine capable of accepting more than 15 rounds, either attached or in close proximity to a semiautomatic firearm," Selya wrote. "But under the circumstances of this case, the government’s decision to rest on the PSI report may well be a result of the defendant’s stipulation to the facts." Selya noted that had the issue been raised, then the government likely would have had the opportunity to present sufficient facts to satisfy the rule. And either way, the mountain of evidence presented to the court left no "doubt" that the sentence was appropriate. "We discern no clear or obvious error in the district court's calculation of the guideline range," Selya wrote. The appeals court also rejected Andruchuk’s argument of ineffective counsel, but for procedural reasons. Selya wrote that the defendant first must raise the matter with the lower court before the 1st Circuit can consider the matter. U.S. District Judge Mary McElroy sentenced Andruchuk in April 2023. He is currently serving his time at a federal prison in Virginia with a projected release date of September 2026. He had been in custody for 14 months prior to his sentencing. Andruchuk pleaded guilty earlier that year to three federal charges, including two counts of making false statements during a firearm purchase and possession of a firearm by an unlawful user of a controlled substances. He is also facing state ghost gun and drug charges, which are on hold while he serves his federal sentence. Along with the weapons strewn around the house, Andruchuk was charged with firing in a compact area for shooting rounds into the woods near his home, sending bullets toward his neighbor’s home. At sentencing, Andruchuk admitted to suffering from a drug addiction, and called his arrest a "blessing in disguise" because it forced him into sobriety. Tim White ([email protected]) is Target 12 managing editor and chief investigative reporter and host of Newsmakers for 12 News. Connect with him on Twitter and Facebook. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Daily Roundup SIGN UP NOW
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