Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. John Feeney

Case No.: 22-2607

Officials: Wood, Kirsch, and Lee, Circuit Judges.

Focus: Sentencing Guidelines

Feeney, a convicted felon, faced charges of unlawfully possessing two pistols and carrying explosives, specifically modified fireworks shells, during the commission of the felony. Feeney pleaded guilty to both offenses. However, during sentencing, a dispute arose between the court and the parties regarding the appropriate base offense level under the Sentencing Guidelines for Feeney’s conviction of being a felon in possession of a firearm. Ultimately, the court sided with the government, resulting in a higher base offense level being applied to Feeney’s sentence.

The district court determined the total offense level for the firearm possession conviction to be 15, which, combined with a criminal history category of IV, produced a guideline range of 30 to 37 months of imprisonment. Accordingly, the court-imposed a within-guidelines sentence of 30 months for the firearm possession offense, along with a mandatory consecutive sentence of 120 months for the offense of carrying explosives while committing a felony.

Feeney appealed his sentence, asserting that the district court had erred in applying a base offense level of 18 under the Sentencing Guidelines instead of the appropriate level of 14. He argued that this decision amounted to double punishment for the same conduct, a violation of the Sentencing Guidelines.

The Seventh Circuit concurred with Feeney’s interpretation of the relevant guideline and application note. It determined that the district court had indeed erred in applying a higher base offense level based on Feeney’s possession of an explosive. Such an application was deemed an “enhancement,” prohibited by the Sentencing Guidelines to prevent duplicative punishment. Consequently, the court vacated Feeney’s sentence and remanded the case for resentencing.

Vacated and remanded.

Decided 04/30/24

Full Text