United States v. Mikulski, No. 21-2680 (7th Cir. 2022)
Annotate this CaseMikulski, a Polish national residing illegally in the United States, initiated a shootout in a public park. Although others shot live rounds, Mikulski shot blanks; no one was injured. After police questioned him about the incident, he instructed his mother (with whom he lived) to hide his gun. Mikulski, who had a prior felony conviction, was apprehended while driving on a suspended license. He eventually pleaded guilty to unlawful possession of a firearm, 18 U.S.C. 922(g), and was sentenced above the 30-37 month guidelines range to 48 months in prison. The Seventh Circuit affirmed, rejecting Mikulski’s argument that the court misapplied a sentencing enhancement for obstruction of justice based on his efforts to hide the gun. That Mikulski’s instruction to his mother preceded law enforcement’s decision to search the house was irrelevant. The above-guidelines sentence was more than adequately justified considering the sentencing factors of 18 U.S.C. 3553(a).
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