United States v. Johnson, No. 18-3720 (6th Cir. 2019)
Annotate this CaseCleveland Gang Impact Unit officers arrested Johnson based on an outstanding warrant, issued when Johnson failed to appear in state court for his arraignment. They searched Johnson and found a loaded pistol with an obliterated serial number, a baggie with crack cocaine, another containing marijuana, and $460. Johnson pleaded guilty to possessing a firearm with an obliterated serial number, 18 U.S.C. 922(k), his fifth firearm conviction. The district court varied upward from the 37-48 month guidelines range and sentenced him to the statutory maximum: 60 months. The Sixth Circuit affirmed. The court considered the 18 U.S.C. 3553(a) sentencing factors and provided a detailed explanation for its decision, based on the record. The court acknowledged that Johnson did not have a “history of violence,” but reasonably stated that “carrying a firearm” creates “a heightened risk of violence.” The court emphasized that the state courts had been lenient in sentencing Johnson and that this leniency prompted the federal government to bring this case. Johnson had repeatedly violated gun-possession laws, obtaining the gun at issue two days after being released for his last conviction, and had serial convictions for escape, drug possession, drug trafficking, and theft. This 14-month upward variance did not exceed the judge’s discretion.
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