U.S. v. Ingram

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 21-3305
Decision Date: 
July 21, 2022
Federal District: 
S.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in sentencing defendant to above Guidelines, 72-month term of incarceration on charge of unlawful possession of firearm by felon, where said sentence was based, in part, on enhancement under section 2K2.1(b)(6)(B) of USSG, where Dist. Ct. found that defendant possessed firearm in furtherance of another felony, i.e., felony possession of drugs. While defendant argued that Dist. Ct. abused its discretion in applying instant enhancement, Dist. Ct. could properly find that defendant’s handgun found in bag with other drugs facilitated his drug possession, where: (1) defendant chose to carry loaded gun with drugs in public and then fled with gun when confronted by police; and (2) record showed that instant handgun emboldened defendant to possess drugs in public and in known drug-trafficking area. Moreover, Dist. Ct, could properly impose above Guideline sentence, where, during his arrest, defendant made overt attempt to shoot arresting officer, and where defendant had extensive criminal history that included string of convictions involving drugs and firearms.