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Criminal Law

: Tenth Circuit Blog

Use of Firearm Enhancement Upheld

By Shari Allison

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U.S. v. Philley, 2009 WL 485267 (12/17/09) (unpub'd) - It was okay to impose an enhancement for using a firearm in connection with a felony under USSG § 2K2.1(b)(6), even though the defendant was convicted only of a state misdemeanor for the conduct he engaged in with the firearm. There was sufficient evidence to establish the defendant's shooting at the door was meant to injure the victim, constituting an aggravated battery under Wyoming law.

Full post as published by Tenth Circuit Blog on December 22, 2009 (boomark / email).

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