United States v. Adkins, No. 12-3382 (6th Cir. 2013)
Annotate this CaseA security video captured a shooting at a Cleveland gas station. It showed a sport utility vehicle driving through the parking lot and Adkins, who appeared to recognize the vehicle, pulling a handgun from his walking cast boot, walking toward the vehicle, and firing. Adkins pleaded guilty as a felon in possession of ammunition under 18 U.S.C. 922(g)(1). Adkins did not challenge the sentencing memorandum recommendation nor did he disagree that he committed the offense after sustaining a felony conviction for a crime of violence (criminal gang activity involving aggravated robbery and kidnapping) which triggered a base level enhancement. At sentencing, the district court calculated a base offense level of 20, added four levels because Adkins possessed ammunition in connection with another felony (aggravated assault) reduced the level by two for acceptance of responsibility, subtracted an additional level at the government’s request, assessed criminal history at four points, and added three points for the attempted criminal gang activity conviction and another point for a juvenile involving carrying a concealed weapon. Adkins argued that he was neither convicted nor placed on probation for the juvenile offense. The district court sentenced Adkins to 46 months of incarceration and three years of supervised release. The Sixth Circuit affirmed the sentence as reasonable.
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