United States v. Gill

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A firearm may be counted under USSG 2K2.1(b)(1) if state law prohibited defendant from possessing it, even if federal law did not. The Eleventh Circuit affirmed defendant's within-Guidelines sentence of 80 months in prison after he pleaded guilty to possession of a firearm by a felon. The court held that the district court did not err by applying a four-level sentencing enhancement under USSG 2K2.1(b)(1)(B) for the unlawful possession of a firearm because the offense involved eight to twenty-four firearms. The court explained that, by its terms, application note 5 to section 2K2.1 requires only that defendant's possession of each pistol be "unlawful," not that it be unlawful under federal law. In this case, Florida law clearly prohibited defendant from possessing the eighth firearm. View "United States v. Gill" on Justia Law