United States v. Jackson, 2011 U.S. App. LEXIS 1773

Jackson pleaded guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
He confronted two men, fired shots, and police later recovered a handgun matching the shell casings at the scene.
Missouri unlawful use of a weapon requires exhibiting a weapon in an angry or threatening manner, a separate offense from the federal conviction.
PSR recommended a four-level increase under USSG § 2K2.1(b)(6) for use or possession of a firearm in connection with another felony (Missouri offense).
District court applied § 2K2.1(b)(6), increasing Jackson’s offense level; Jackson objected to the MO offense and the application of the enhancement.
On appeal, court affirmed, holding the Missouri offense is not excluded by application note 14(C) and that no impermissible double counting occurred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether application note 14(C) excludes the Missouri MO offense from 'another felony offense'.	Jackson argues note 14(C) excludes the MO offense.	Jackson’s view misreads the note; MO offense not excluded.	No; the MO offense is not excluded.
Whether applying § 2K2.1(b)(6) constitutes impermissible double counting.	Double counting because MO offense already accounted for by base offense.	Guidelines punish distinct aspects; not double counting.	Not impermissible double counting.

United States v. Betts, 509 F.3d 441 (8th Cir. 2007) (standard for interpreting guidelines de novo with factual findings reviewed for clear error)
United States v. English, 329 F.3d 615 (8th Cir. 2003) (read narrowly the 'another felony offense' exclusion under note 14(C))
United States v. Lindquist, 421 F.3d 751 (8th Cir. 2005) (abrogated on other grounds; addressed exclusion under note 14(C))
United States v. Chapman, 614 F.3d 810 (8th Cir. 2010) (upheld application of § 2K2.1(b)(6) where underlying offenses were distinct)
United States v. Steward, 598 F.3d 960 (8th Cir. 2010) (recognizes limits of prior holdings related to note 14(C))