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7th Circuit: Man’s offense level for selling gun was properly increased

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The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.

Jackson took a Ruger pistol his friend purchased and sold it a couple weeks later to David Dircks, whom Jackson knew to be an illegal user of drugs. Jackson, Dircks and others were later indicted, with Jackson charged for unlawful possession of the pistol as a convicted felon. Jackson pleaded guilty to the charge without a written plea agreement. At sentencing, his offense level included a four-level enhancement under 2K2.1(b)(6)(B) for transferring the firearm “with knowledge, intent or reason to believe that it would be used or possessed in connection with another felony offense.”

The court found the transfer of the gun facilitated the commission of a felony by Dircks, whose gun possession was prohibited under federal law. Without the enhancement, Jackson’s sentencing range would have been 33-41 months.

Last year, in a nonprecedential decision, U.S.A. v. Jones, 528 F. App’x 627, 631-32 (7th Cir. 2013), the 7th Circuit concluded that the enhancement applies when a defendant guilty of being a felon-in-possession has transferred the firearm to another prohibited person. The court has now adopted the rationale in Jones as binding precedent.

Jones argued that his transfer of the pistol to Dircks wasn’t “another felony offense” separate and distinct from the possession offense, and so the enhancement shouldn’t apply. He argued that his conduct was “simply the firearms possession or trafficking offense” that would be excluded under the enhancement. He also claimed that had he been charged with possession and transfer of the pistol, the two charges would have been grouped at sentencing and treated as a single offense when calculating his offense level, so there would not be “another felony offense” to trigger the enhancement.

“If we were to agree with Jackson that a second conviction for transfer of the gun would take the section 2K2.1(b)(6)(B) enhancement off the table, then we would be saying that the Guidelines would, in practice, treat one’s unlawful possession and transfer of a firearm to another prohibited person no differently than simple possession of the gun. That would be both illogical and contrary to the spirit of the grouping rules,” Judge Ilana Diamond Rovner wrote in United States of America v. Darnell Jackson, 13-1496.

“By selling the Ruger pistol to Dircks, who like Jackson was prohibited from possessing a firearm, Jackson transferred the firearm in connection with a felony offense separate and distinct from the possession offense of which he was charged and convicted. Consequently, the district court properly increased Jackson’s offense level pursuant to section 2K2.1(b)(6)(B).”
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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