United States v. Tyson, No. 16-2194 (7th Cir. 2017)
Annotate this CaseTyson pled guilty as a felon in possession of a firearm. The plea agreement included a stipulation that, under U.S.S.G. 2K2.1(a)(2), the applicable base offense level was 24; Tyson had a prior federal conviction for possession of heroin, and a prior Wisconsin conviction for burglary. The parties agreed the burglary constituted a “crime of violence” under U.S.S.G. 2K2.1(a)(2). The PSR recommended a two–level enhancement because the firearm was stolen, and a three–level reduction for acceptance of responsibility, resulting a range of 92-115 months’ imprisonment. Tyson objected to the stolen firearm enhancement but did not object to the characterization of his burglary as a crime of violence. The court noted that Tyson was sincere in his regret for his actions and stated that the Guidelines were “a bit off the chart” as applied to Tyson’s situation, given that Tyson’s state and federal supervision that would be revoked as a result of the conviction. The court sentenced Tyson to 50 months’ imprisonment, followed by three years of supervised release. The Seventh Circuit affirmed. While it was plain error for the court to use Tyson’s Wisconsin burglary conviction as a predicate under section 2K2.1(a), it “can hardly be said that such a sentence constitutes a miscarriage of justice.”
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