United States v. Nunley, No. 21-5471 (6th Cir. 2022)
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Nunley’s brother, Basil, learned that Nunley had a firearm and tried to persuade him to “get rid” of it. A fight ensued. Nunley fired seven shots at Basil, who nonetheless left unharmed. Officers responded to a call of shots being fired and encountered Nunley in a car. Nunley pointed the firearm at an officer, then led the officers on a high-speed chase. Nunley abandoned his car and ran, firing at the officers, then barricaded himself in a building. Officers used an armored truck to breach the building. Nunley was arrested in possession of a 9-millimeter pistol. Nunley pleaded guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1).
The sentencing court rejected Nunley’s objections to a four-level “Additional Felony” sentencing enhancement and a six-level “Official Victim” enhancement. Nunley argued impermissible double counting because the enhancements punished the same conduct—his shooting at the officers; he claimed that shooting at Basil was self-defense.
With a Guidelines range of 120-150 months, compressed by a 120-month statutory maximum sentence, the court sentenced Nunley to 112 months’ imprisonment. The court detailed the nature and circumstances of the crimes, Nunley’s long criminal history, his history of drug abuse and mental health issues, and his acceptance of responsibility, citing the 18 U.S.C. 3553(a) factors. The Sixth Circuit affirmed, rejecting challenges to the procedural and substantive reasonableness of the sentence.
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