In what circumstances will a federal court increase the sentencing range for a convicted felon in possession of a firearm?

In United States v. Rutledge, 28 F.3d 998 (9th Cir. 1994), the defendant pleaded guilty to being a felon in possession of a firearm. Id. at 1000. The district court increased the sentencing range from 77-96 months to 140-175 months after finding that the defendant had used the gun in an uncharged attempted robbery, and imposed a sentence of 120 months, which was the statutory maximum for that offense. See id. at 1000, 1004. We commented in dictum that "[i]f a range increase from 4151 to 292-360 does not require a higher standard, see Harrison v. Philpot, 978 F.2d at 1523-24, then the sentencing increase in this case does not a fortiori warrant a higher standard of proof." Id. We characterize this statement as dicta because the court noted that the record showed that "the district court considered the evidence presented in light of the highest standard, proof beyond a reasonable doubt. " Id.