United States v. Johnson, No. 13-3649 (7th Cir. 2014)
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The family of Johnson’s girlfriend told police that after an argument, Johnson had returned to their home, wearing all black and pointing a gun. Johnson was not present when police arrived at the home, searched the alley, and discovered an Intratec TEC-9 handgun, its loaded high-capacity magazine, and a dark work glove a short distance from the house. Shortly thereafter, police stopped the vehicle in which Johnson, his girlfriend, and another man were riding. The police saw marijuana in the car. Johnson admitted possessing drugs and was arrested. Johnson was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g). The Seventh Circuit affirmed the district court’s application of a four-level enhancement to his sentence under U.S.S.G. 2K2.1(b)(6)(B) for possessing a firearm on another’s property in connection with another felony. The court reversed and remanded that part of the sentence imposing conditions that were not orally announced at Johnson’s sentencing hearing and directed the district court to clarify Johnson’s conditions for supervised release.
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