United States v. Young, No. 16-3733 (7th Cir. 2017)
Annotate this CaseIn 2007, Young was convicted of two counts of burglary, committed under the influence of cocaine. As a condition of probation, he was subject to random drug screenings. In 2015, he appeared for a drug test wearing a prosthetic penis that comes with a synthetic urine pack. The device was confiscated and Young's urine sample tested positive for cocaine, opiates and marijuana. He was subsequently stopped while driving for an obstructed windshield. His outstanding warrant was discovered. He consented to a pat‐down search that revealed six rounds of .40 caliber ammunition, a quarter gram of heroin and a half gram of marijuana in his pockets. A subsequent search of the vehicle revealed a loaded semi‐automatic handgun, an unloaded semi‐automatic rifle, nine rifle magazines, 1.3 pounds of marijuana, and a half pound of synthetic marijuana. Young stated that he had the weapons because he believed that the gang to which he previously belonged wanted to kill him. Young pled guilty to one count of unlawful possession of a firearm by a felon, 18 U.S.C. 922(g)(1). The Seventh Circuit affirmed Young’s 84-month sentence, which the district court characterized as within the properly calculated guideline range, but at the low end of the range if the burglaries were incorporated as crimes of violence. The court noted Young’s high likelihood of recidivism.
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