Dist. Ct. committed plain error in sentencing defendant to 93-month term of incarceration on unlawful possession of firearms as felon, possession of stolen firearms, and cargo theft charges arising out of defendant’s theft of 13 firearms that had been stolen from train car. While record showed that defendant had sold said firearms to anonymous buyers who had telephoned defendant about sale of said firearms after they had “heard about it,” said evidence did not support Dist. Ct.’s imposition of enhancement under section 2K2.1(b)(5) of USSG (i.e. trafficking firearms to people defendant knew or had reason to know were unlawful users or possessors of firearms), where: (1) record was unclear as to what buyers heard; and (2) Dist. Ct could only speculate that defendant had reason to believe that said buyers were unlawful firearm users or possessors. As such, defendant was entitled to new sentencing hearing.
Federal 7th Circuit Court
Criminal Court
Sentencing