United States v. John, No. 12-3525 (7th Cir. 2013)
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Johns was indicted for possession of a firearm as a convicted felon. Count One alleged possession of a .20 caliber shotgun in July, Count Two alleged a .45 caliber rifle in September, and Count Three alleged a loaded .38 caliber revolver in November. Johns admitted that he sold the guns to a confidential informant. A presentence report stated that Johns and the CI were members of a motorcycle club; that each knew the other’s criminal history; that Johns knew the CI intended to resell the guns; and that Johns told the CI that he had another gun and intended to retaliate for the murder of another club member and that he could get crack to sell to the CI. The automatic rifle had been stolen. The report recommended a base level of 20 and two enhancement levels because the offense involved three firearms, plus two levels for the stolen rifle, plus four levels for trafficking, plus four levels for transfer with knowledge that it would be used in connection with another felony, minus three levels for acceptance of responsibility. The total offense level, 29, yielded a guidelines range of 97 to 121 months’ imprisonment. The report noted that Johns had eight children from six relationships and owed $46,189 in child support. The district court imposed a sentence of 160 months. The Seventh Circuit vacated, finding that the court erred by imposing a four‐level “other felony offense” enhancement under U.S.S.G. 2K2.1(b)(6)(B).
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