United States v. Grant, No. 20-4078 (6th Cir. 2021)
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Defendant pleaded guilty to two counts of violating 18 U.S.C. 922(g) for unlawfully possessing a firearm—one for being a convicted felon, the other for being a domestic violence misdemeanant. In this case, defendant's convictions stemmed from shooting his ex-girlfriend after an argument.
The Sixth Circuit remanded with instructions to vacate defendant's sentence on one of the section 922(g) counts and to merge the two counts of conviction into one. The court concluded that this statute does not permit a court to, as the district court did here, impose multiple punishments on a defendant who commits one act of possession yet is both a felon and a domestic-violence misdemeanant. Furthermore, the district court plainly erred in doing so. The court otherwise affirmed the district court's judgment in all other respects, concluding that defendant's sentence was procedurally reasonable where the district court did not clearly err in applying the USSG 2A2.1(a)(2) cross-reference for attempted second-degree murder in calculating defendant's offense level.
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