USA v. Harvey, No. 22-2538 (7th Cir. 2024)Annotate this Case
In the case before the United States Court of Appeals for the Seventh Circuit, the defendant, Demetrius Harvey, pled guilty to knowingly possessing a firearm after having previously been convicted of a crime punishable by a term of imprisonment exceeding one year. The court had to decide whether a 4-level enhancement was proper under USSG § 2K2.1(b)(6) because Harvey transferred a firearm to a confidential source (CS) who he had reason to believe was a felon. Harvey initially challenged the enhancement, arguing that the purchaser's statement that he was a convicted felon was an insufficient basis for Harvey to conclude that the purchaser was, in fact, a convicted felon. On appeal, Harvey changed his argument, claiming he was not told that the CS was a felon until the transaction was complete.
The court concluded that even under the less onerous standard, Harvey's claim could not succeed. The enhancement was proper if the evidence before the district court supported the determination that the transfer of the firearm by the defendant occurred "with knowledge, intent, or reason to believe that it would be used or possessed in connection with" the felon-in-possession offense. Therefore, the court affirmed the decision of the district court and upheld the 4-level enhancement.