National Firearms Act-Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jeffrey Creek

Case No.: 23-1942

Officials: St. Eve, Kirsch, and Lee, Circuit Judges.

Focus: National Firearms Act-Sentencing Guidelines

The Seventh Circuit upheld the ruling of the Southern District of Illinois, which determined that a tin can containing energetic powder, sealed with adhesive, and equipped with a fuse qualifies as a “destructive device” under the National Firearms Act.

Jeffrey E. Creek was discovered in possession of such a device, along with firearms, magazines, ammunition, and a silencer that had been imported from China. Creek faced charges for unlawfully possessing a firearm as a felon. During his sentencing, the district court applied a two-level “destructive device” enhancement when calculating his Guidelines range.

Creek appealed the decision, arguing that his device should be considered a firework rather than a destructive device. However, the appellate court determined that the district court’s classification of the device as a bomb under the National Firearms Act was correct. The device met the criteria for a destructive device as it had a metal casing, an adhesive seal, explosive powder, and a fuse. It was immaterial that Creek intended to use the device as a firework; its assembly and composition fit the definition of a destructive device.

Additionally, Creek contested the district court’s consideration of his criminal history and substance abuse disorder during sentencing. Nevertheless, the appellate court dismissed these objections, affirming that the district court appropriately exercised its discretion in evaluating Creek’s complete criminal record and the potential risk to public safety.

Affirmed.

Decided 03/06/24

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