United States v. Edger, No. 18-1594 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to unlawful possession of a firearm as a previously convicted felon and conspiracy to possess a firearm in furtherance of a drug trafficking crime. The court held that the district court did not err in applying a cross-reference under USSG 2K2.1(c)(1)(B) to USSG 2A1.1, the first degree murder guideline, where defendant gave a firearm to an acquaintance with the understanding that he would use the gun in connection with a drug trafficking activity and to retaliate against a woman, eventually killing her. The court also held that the district court did not plainly err by declining to declare sua sponte that the government breached the agreement.
Court Description: Colloton, Author, with Smith, Chief Judge, and Erickson, Circuit Judge] Criminal case - Sentencing. Where defendant gave a firearm to another man with an understanding the man intended to use the firearm in drug trafficking activity and to retaliate against a woman who had stolen property from the man and the man subsequently used the firearm to murder the woman, the district court did not err in applying a cross-reference under Guidelines Sec. 2K2.1(c)(1)(B) to Guidelines Sec. 2A1.1, the first degree murder guideline; for purposes of 2K2.1(c)(1)(B), the firearm was cited in the offense of conviction; under the circumstances presented, the district court did not plainly err by declining to declare sua sponte that the government had breached the plea agreement by refusing to move for a downward departure.
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