United States v. Kilgore

Kilgore was performing community service at a police station when he stole two unloaded firearms from an evidence room and took them home. Convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 18 U.S.C. 924(a)(2), he was sentenced to 70 months. He did not contest a two-level enhancement under U.S.S.G. 2K2.1(b)(4) for “stealing” the pistols that created his status as a felon in possession of firearms, but argued that the court erred in applying a four-level enhancement to his base offense level for possessing a firearm “in connection with another felony offense” under U.S.S.G. 2K2.1(b)(6)(B). The Seventh Circuit agreed with his argument that the “another felony offense” language from the guideline means that the offense triggering application of the enhancement must be separate and distinct conduct from the underlying offense. The enhancement violated the language of the guideline, amounted to double counting and appeared to subject Kilgore twice to punishment for the same offense. View "United States v. Kilgore" on Justia Law