U.S. v. Suggs

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-2700
Decision Date: 
October 1, 2010
Federal District: 
S.D., Ind., Indianapolis, Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 108-month term of incarceration on felon in possession of firearm charge based in part on imposition of 4-level increase in offense level under section 2K2.1(b)(2) for use of firearm in connection with another Indiana felony offense; i.e., resisting law enforcement officer with deadly weapon. While defendant argued that his conduct at arrest scene qualified only as misdemeanor under Indiana law, Dist. Ct. could properly view defendant's conduct as felony under Indiana law, where officers knocked gun out of defendant's hand as he pulled gun out from under car seat at time of arrest.