Dist. Ct. erred in sentencing defendant to above-Guideline, 84-month term of incarceration on unlawful possession of firearm by felon charge, where said sentence was based, in part, on Dist. Ct.’s belief that defendant had used firearm in shooting incident just prior to his arrest. Defendant was entitled to new sentencing hearing, where Dist. Ct. made inconsistent findings with respect to issue as to whether defendant had used gun in shooting incident, where: (1) Dist. Ct. adopted presentence report’s recommendation against applying enhancement under section 2K2.1(b)(6)(B) of USSG that called for increased sentence if defendant used firearm in connection with another felony, where probation officer indicated that there was lack of evidence regarding said shooting; and (2) Dist. Ct. based instant enhanced sentence in large part on belief that defendant had participated in said shooting.
Federal 7th Circuit Court
Criminal Court
Sentencing