United States v. Kruger, No. 15-3203 (7th Cir. 2016)
Annotate this CaseKruger was arrested in 2013 after a day-long crime spree in southwestern Wisconsin during which he robbed his uncle, kidnapped a 69-year-old farmer, stole multiple vehicles, and drove over rural roads at speeds exceeding 100 miles per hour in an unsuccessful effort to elude capture. He pleaded guilty to being a felon in possession of firearms and ammunition, 18 U.S.C. 922(g)(1). The district court ordered him to serve a below-guidelines prison term of 180 months. The Seventh Circuit affirmed, finding no plain error in the enhancement for use of a firearm, and that any potential error in the calculation of his criminal history did not affect his advisory Guidelines sentencing range. The court noted the district court took into consideration that “Kruger has led a troubled life.” He had a sentencing range of 292 to 365 months. Because that range exceeded the statutory maximum term of 240 months, the statutory maximum became the Guidelines sentencing range. U.S.S.G. 5G1.1(a); 5G1.2(d).
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