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Tuesday, February 04, 2014

Ind. Decisions - 7th Circuit decided one Indiana case yesterday, Feb. 3rd

In USA v. Darnell Jackson, a 9-page opinion, Judge Rovner writes:

Darnell Jackson unlawfully possessed a firearm for a period of two to three weeks before selling it to someone whose own possession of the gun was illegal. At sentencing, the district court enhanced Jackson’s offense level based on its finding that Jackson had transferred the gun with knowledge or reason to believe it would be possessed “in connection with another felony offense,” i.e., the transferee’s illegal possession of the gun. See U.S.S.G. § 2K2.1(b)(6)(B) (Nov. 2012). Jackson contends that the enhancement was improper in that it essentially penalized him a second time for conduct that was otherwise encompassed within his conviction. We affirm. * * *

By selling the Ruger pistol to Dircks, who like Jackson was prohibited from possessing a firearm, Jackson transferred the firearm in connection with a felony offense separate and distinct from the possession offense of which he was charged and convicted. Consequently, the district court properly increased Jackson’s offense level pursuant to section 2K2.1(b)(6)(B). See Jones, 528 F. App’x at 632. Finding no error in the calculation of Jackson’s offense level, we AFFIRM his sentence.

Posted by Marcia Oddi on February 4, 2014 09:26 AM
Posted to Ind Fed D.Ct. Decisions