United States v. Ligon, No. 18-4234 (6th Cir. 2019)Annotate this Case
Ligon, age 19, used her friend’s identification to purchase a gun. The gun was subsequently used in an attempted robbery involving acquaintances of Ligon’s boyfriend. Ligon pleaded guilty to making a false statement in the acquisition of a firearm, 18 U.S.C. 922(a)(6). During plea negotiations, the government agreed to argue for a sentence in the Guidelines range as contemplated by the plea agreement, which was 21-27 months. At the sentencing hearing, however, the government argued for a sentence within the Guidelines range as contemplated by the probation office, which was 30-37 months because of an enhancement under U.S.S.G. 2K2.1(b)(6)(B), which applies if a defendant transferred a firearm with knowledge, intent, or reason to believe that it would be used or possessed in connection with another felony offense. The district court sentenced Ligon to 35 months’ imprisonment. The Sixth Circuit vacated and remanded for resentencing before a different district judge. The government breached the agreement and tried to correct its mistake only after the district court imposed a sentence.