U.S. v. Harvey

Dist. Ct. did not err in imposing  as part of defendant's sentence instant 4-level enhancement under section 2K2.1(b)(6) of USSG, which prohibits a defendant, who is found guilty of unlawful possession of firearm by felon charge from transferring firearm to another prohibited person. Record showed that as part of defendant’s guilty plea, he gave statement that admitted that individual to whom he sold firearm told him that he was felon. Under Jackson, 741 F.3d 861, instant enhancement is satisfied, where person found guilty of unlawful possession of firearm transfers firearm to another unauthorized person, and court rejected defendant’s argument that purchaser’s statement that he was a felon was insufficient basis for him to have concluded that purchaser was actual felon, who could not purchase/possess firearm. Ct. of Appeals further rejected defendant’s argument that enhancement was improper because language in plea agreement statement indicted that he was unaware of purchaser’s felon status until after transaction was complete.