02-2068 U.S. v. Jones

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“In United States v. Smith, we approved the sentencing court’s consideration of the offender’s use of a firearm to shoot and kill a fellow partygoer when it sentenced that offender for illegally possessing the firearm as a felon. 5 F.3d 259, 261-62 (7th Cir. 1993). We noted that ‘[w]hile Smith carried the handgun, his “other offense” (not his “offense of conviction”) involved the death of [the fellow partygoer].’ Id. at 261 (emphasis added). Trimaine’s conduct during the armed robbery/felony murder is similarly relevant to the charge of being a felon in possession. While Trimaine carried his firearm, he participated in the armed robbery of September 30th. The armed robbery/felony murder not only occurred “during the commission of” the felon-in-possession offense, but Trimaine’s status as a felon in possession was a factor enabling him to undertake the armed robbery. The district court did not err in finding this incident to be relevant conduct.”

Affirmed.

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Kanne, J.