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4-level Enhancement

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2024//

4-level Enhancement

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2024//

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7th Circuit Court of Appeals

Case Name: United States of America v. Demetrius Harvey

Case No.: 22-2538

Officials: Rovner, Hamilton, and Scudder, Circuit Judges.

Focus: 4-level Enhancement

Harvey pleaded guilty to knowingly possessing a firearm after having been previously convicted of a crime punishable by a term of imprisonment exceeding one year. The court was tasked with determining the appropriateness of a 4-level enhancement pursuant to USSG § 2K2.1(b)(6) because Harvey transferred a firearm to a confidential source (CS) whom he had reason to believe was a felon.

Initially, Harvey contested the enhancement, asserting that the purchaser’s claim of being a convicted felon was insufficient grounds for him to conclude the purchaser’s felon status. However, on appeal, Harvey altered his argument, stating that he was only informed of the CS’s felon status after the transaction had been completed.

The court found that even applying the less stringent standard, Harvey’s argument could not prevail. The enhancement was deemed appropriate if the evidence presented to the district court supported the determination that the firearm transfer by the defendant occurred “with knowledge, intent, or reason to believe that it would be used or possessed in connection with” the offense of felon-in-possession. Consequently, the court upheld the district court’s decision and affirmed the 4-level enhancement.


Decided 02/08/24

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