Tuesday, December 22, 2009

Use of Firearm Enhancement Upheld

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 ยง 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.