U.S. v. Grzegorczyk

Dist. Ct. did not err in sentencing defendant to 211-month term of incarceration on charges of use of facility in interstate commerce with intent to commit murder and possession of firearm in furtherance of crime of violence. Instant sentence was within sentencing guidelines, and thus was presumptively reasonable. Moreover, defendant was not entitled to three-level reduction in offense level under section 2X1.1 of USSG, since plaintiff’s solicitation offense was specifically covered by section 2A1.5 of USSG that involved murder solicitations. Fact that proposed murder was never carried out does not require different result. Dist. Ct. also adequately considered defendant’s mitigation argument that solicitation charge arose out of defendant’s emotional trauma stemming from his recent divorce.