Sentencing – Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Duadalupe I. Meija, Jr.

Case No.: 16-3649

Officials: POSNER, SYKES, and HAMILTON, Circuit Judges.

Focus: Sentencing – Sufficiency of Evidence

The issue in this appeal is whether the district court had a sufficient basis for imposing an above-guideline sentence on appellant Guadalupe Mejia, Jr., who pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The evidence and argument at Mejia’s sentencing hearing focused on a bar fight in which Mejia pulled a knife and either Mejia or another man pulled a gun and fired shots that struck a building and a vehicle. The conflicting factual accounts of the bar fight convinced the district judge to reject the probation officer’s recommendation to increase Mejia’s guideline offense level by four levels on the theory that he had “used or possessed” a gun “in connection with another felony offense” or else had “possessed or transferred” the weapon with “knowledge, intent, or reason to believe that it would be used or possessed in connection with another felony offense.” See U.S.S.G. § 2K2.1(b)(6)(B). From the facts about the bar fight that could be found with confidence, however, as well as Mejia’s lengthy criminal history, the district judge concluded that no matter who fired the shots at the bar, an above-guideline sentence was appropriate. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.