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Tuesday, May 12, 2009

Multiple overlapping sentence enhancements are proper for felonious possession of firearm if firearm was stolen during course of burglary

SENTENCING
United States v. Morris,
No. 07-8099, ___ F.3d ___ (10th Cir. Apr. 14, 2009)(Wyoming).

Appeal of sentence enhancements imposed under USSG §§ 2K2.1(a)(4)(A) and 2K2.1(a)(b)(6) for being felon in possession of firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).

HELD: In sentencing for conviction as felon in possession of firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), application of two-level sentence enhancement under USSG § 2K2.1(a)(4)(A), because firearm was stolen, and application of four-level enhancement for use or possession of firearm in connection with another felony offense (i.e., burglary in which rifle was stolen) under USSG § 2K2.1(a)(b)(6), was not impermissible double counting. Interpretive commentary to sentencing guidelines is binding on district courts, and relevant commentary applicable to guidelines used in this case specifically permit application of two-level enhancement for possession of stolen firearm and four-level enhancement for use or possession of firearm in connection with another felony offense (burglary).

Read the opinion here.

posted by Russ at 8:03 AM


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