United States v. Rice
2012 U.S. App. LEXIS 4717
7th Cir.2012Background
- Rice was indicted for knowingly possessing a firearm while unlawfully using controlled substances and pled guilty without a plea agreement.
- At sentencing the district court applied a 4-level enhancement under U.S.S.G. § 2K2.1(b)(6) for using or possessing the firearm in connection with another felony.
- The district court determined Rice obtained a gun after following Davis home and that the exchange of gunfire occurred, applying the Illinois aggravated/reckless discharge felonies.
- The PSR added two levels for a stolen firearm, four levels for the firearm during the commission of another felony, and minus three for acceptance of responsibility, yielding a total offense level of 23.
- Rice argued self-defense negated the Illinois felonies and the § 2K2.1(b)(6) enhancement.
- The district court denied the self-defense objection and Rice was sentenced to 46 months in prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(6) applies where self-defense is asserted | Rice | Rice | Affirmed the enhancement; no self-defense justification. |
Key Cases Cited
- United States v. Meece, 580 F.3d 616 (7th Cir.2009) (review of § 2K2.1(b)(6) is mixed question of fact and law)
- United States v. Cruz-Rea, 626 F.3d 929 (7th Cir.2010) (clear-error standard for district court factual findings)
- United States ex rel. Bell v. Pierson, 267 F.3d 544 (7th Cir.2001) (elements of self-defense and government burden to negate them)