United States v. Alfonso Tunley, 2012 U.S. App. LEXIS 782

Tunley pled guilty to felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1) and 924(a)(2) for possession of a handgun on November 16, 2008.
The PSR set a base offense level of 38, with a 3-level reduction for acceptance of responsibility, applying a cross-reference to §2A1.2 via §2K2.1(c)(1)(B) because death resulted.
At sentencing, the district court credited §2K2.1(c)(1)(B) and §2A1.2, finding second-degree murder after resolving credibility against Tunley’s self-defense claim.
The government introduced ten witnesses; the defense presented five; the court concluded Tunley killed Wright with malice aforethought.
Tunley challenged the guideline calculations on self-defense and the murder/manslaughter characterization; the district court’s findings were affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether self-defense defeats the §2K2.1(c)(1)(B) enhancement	Tunley argues self-defense negates the underlying felonious act.	Tunley contends the government failed to disprove his self-defense claim.	No reversible error; self-defense not established to negate the enhancement.
Whether the conduct constitutes second-degree murder rather than voluntary manslaughter	Tunley asserts manslaughter based on passion or provocation.	Government argues murder with malice aforethought.	Court affirmed second-degree murder finding; plain-error review not warranted to remand.

United States v. Betts, 509 F.3d 441 (8th Cir. 2007) (de novo Guideline review with credibility assess.)
United States v. Milk, 447 F.3d 593 (8th Cir. 2006) (self-defense standard for homicide cases under 18 U.S.C. §1111)
Brown v. United States, 256 U.S. 335 (1921) (immediate danger and lawful self-defense principle)
Mullaney v. Wilbur, 421 U.S. 684 (1975) (time for reflection affects heat of passion doctrine)
United States v. Jones, 574 F.3d 546 (8th Cir. 2009) (plain-error review framework for unpreserved claims)