U.S. v. Johnson

Dist. Ct. did not err in sentencing defendant to 108-month term of incarceration on unlawful possession of firearm charge based in part on four-level enhancement under section 2K2.1(b)(6)(B) of USSG for possessing firearm on another’s property in connection with another offense. Govt. established by preponderance of evidence that defendant possessed firearm in connection with another offense, i.e., Illinois charge of aggravated unlawful use of weapon, when defendant pointed gun at victim while in victim’s home, so as to establish instant enhancement. However, remand was required where instant written judgment contained conditions of supervised release that were not orally mentioned during sentencing hearing. Dist. Ct., though, may modify conditions of supervised release at any time after sentencing hearing, and Dist. Ct. may include said additional conditions on remand if said conditions are clear and appropriate in relation to defendant.