U.S. v. Feeney

Defendant pleaded guilty to being a felon in possession of a firearm and carrying an explosive. During sentencing the parties disagreed as to the applicable base offense level under the Sentencing Guidelines with the government arguing that the possession of an explosive warranted an increased base offense level and defendant arguing that would punish him twice for the same conduct. The district court agreed with the government and applied the higher base offense level. The Seventh Circuit vacated and remanded, concluding that defendant’s interpretation of the relevant guideline was correct. (WOOD, concurring and KIRSCH, dissenting)