United States v. Moultrie, No. 19-2896 (7th Cir. 2020)
Annotate this CaseMoultrie pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 924(a)(2). The presentence report calculated his offense level at 21, including enhancements for possessing a firearm with an obliterated serial number, for discharging his firearm in a manner that endangered others, and for obstructing justice by both fleeing and engaging in a standoff with law enforcement. The report determined that Moultrie had a criminal history category of III, resulting in a guidelines range of 46-57 months’ imprisonment. The court determined that, applying the factors set forth in 18 U.S.C. 3553(a), Moultrie’s offense level did not account adequately for the dangerous situations that his actions had created, nor did it account for his post-arrest behavior, which included attempting to dissuade witnesses from testifying against him. The court noted the rapid escalation in Moultrie’s criminal activity and his risk of recidivism. The court believed an offense level of 23 and a criminal history category of IV better captured the risk that he posed, yielding a guidelines range of 70-87 months. The Seventh Circuit affirmed his sentence of 84 months’ imprisonment as substantively reasonable.
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