Dist. Ct. did not err in imposing 110-month term of incarceration on charge of unlawful possession of ammunition by felon, where said sentence was based, in part, on imposition of two-level enhancement under section 2K2.1(b)(1)(A) of USSG for use of three firearms in underlying charge. Record showed that two guns were tossed during attempted flight by defendant and two other individuals, and that third gun was found in car abandoned during flight by defendant and said individuals. While defendant argued that record supported finding that only two guns were used in charged offense, record supported Dist. Ct.’s finding that defendant and two others were involved in joint criminal undertaking, and that third gun was used in said undertaking, where gun found in vehicle matched shell casings found at scene of shooting. Moreover, record showed that ammunition found on defendant matched ammunition for one gun used in shooting.
Federal 7th Circuit Court
Criminal Court
Sentencing