United States v. Christopher James Gill
2017 U.S. App. LEXIS 13632
| 11th Cir. | 2017Background
- Defendant Christopher Gill pleaded guilty to possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) and was sentenced to 80 months (within Guidelines).
- Police searched Gill’s home and found eight firearms, including an Intratec pistol manufactured in Florida.
- The Sentencing Guidelines impose a +4 level enhancement for offenses involving 8–24 firearms and +2 levels for 3–7 firearms (U.S.S.G. § 2K2.1(b)(1)); counting the eighth gun produced the higher enhancement.
- Gill conceded unlawful possession as to seven firearms but disputed that the government proved the unlawfulness of the Intratec pistol under federal law (no interstate commerce nexus shown).
- The Eleventh Circuit held that application note 5 to § 2K2.1 requires only that possession be “unlawful” (not necessarily unlawful under federal law) and found Florida law barred felons from possessing firearms, making the eighth gun count for sentencing.
- The court also found the factual record (PSR admissions, drugs in the safe, other firearms) sufficient to link Gill to possession of the Intratec pistol and affirmed the sentence.
Issues
| Issue | Gill's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether each firearm counted for § 2K2.1 enhancement must be unlawful under federal law | The Intratec pistol was manufactured in Florida and there was no evidence it moved in interstate commerce, so it was not unlawful under federal law and should not be counted | § 2K2.1 cmt. n.5 requires only that possession be “unlawful” — state-law prohibitions qualify | A firearm unlawful under state law may be counted for the sentencing enhancement even if not unlawful under federal law; the eighth gun counted |
| Whether the court needed the government to prove violation of Florida law at sentencing | Government failed to prove Florida-law violation at sentencing | The PSR admissions (prior felony, possession of eight guns) and judicial notice of state statutes suffice; proof of Florida statute not required | The record supported a finding of unlawful possession under Florida law without additional proof; no reversal |
| Whether factual record sufficiently linked Gill to the Intratec pistol | Gill argued the PSR facts were insufficient (e.g., joint custody of safe) | Evidence in the safe (drugs Gill admitted were his, six other guns he admitted possessing) linked him to the pistol | The facts were sufficient to infer Gill possessed the Intratec pistol; enhancement applies |
Key Cases Cited
- United States v. Jones, 635 F.3d 909 (7th Cir. 2011) (state-law prohibition can make possession “unlawful” for sentencing purposes)
- United States v. Griffith, 584 F.3d 1004 (10th Cir. 2009) (conduct criminalized by state law may be relevant conduct under the Guidelines)
- Thomas v. Cooper Lighting, Inc., 506 F.3d 1361 (11th Cir. 2007) (appellate court may affirm on any ground supported by the record)
- United States v. Shelton, 400 F.3d 1325 (11th Cir. 2005) (failure to object to PSR factual assertions constitutes admission)
- United States v. Washington, 714 F.3d 1358 (11th Cir. 2013) (vacated enhancements where record lacked factual support)
- United States v. Campbell, 372 F.3d 1179 (10th Cir. 2004) (similar limitation where record did not support sentencing enhancement)
- Gardner v. Collector of Customs, 73 U.S. (6 Wall.) 499 (1867) (courts take judicial notice of public statutes without proof)