Dist. Ct. did not commit plain error in sentencing defendant to 180-month term of incarceration on unlawful possession of firearm charge that stemmed from incident in which defendant robbed his uncle, kidnapped 69-year-old farmer and stole multiple vehicles, where said sentence was based, in part, on imposition of enhancement under section 2A4.1(b)(3) of USSG regarding defendant’s “otherwise use” of firearm to commit kidnapping. While defendant argued that he at most only brandished firearm, which would not be enough to warrant instant enhancement, enhancement was proper, where: (1) defendant had pointed gun at farmer’s wife prior to farmer’s kidnapping; (2) plaintiff threatened to kill farmer, his wife and himself; and (3) farmer could reasonably believe that his life was in danger as he and defendant left farm and traveled in truck under defendant’s control.
Federal 7th Circuit Court
Criminal Court
Sentencing