U.S. v. Rice

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-1941
Decision Date: 
March 7, 2012
Federal District: 
S.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 46-month term of incarceration on charge of possession of firearm while being unlawful user of controlled substance where said sentence was based, in part, on imposition of 4-level enhancement under section 2K2.1(b)(6) of USSG for use of firearm in connection with another felony offense. Record showed that defendant fired handgun at another individual during dispute that arose during drug sale, and Dist. Ct. could properly reject defendant's claim that he fired handgun in self-defense since record showed that defendant was aggressor in dispute where defendant obtained handgun and went looking for other individual prior to exchange of gunfire.