United States Tenth Circuit

Defendant's sentence for being a felon in possession of firearms and ammunition, being a fugitive in possession of firearms and ammunition, and possession of stolen firearms, is affirmed where: 1) the evidence of defendant's prior Kansas escape was undoubtedly res gestae—intrinsic evidence inextricably connected to the charged crimes; 2) the district court had enough evidence to find that firing a gun 100 feet from officers in the middle of the night creates a substantial risk of serious bodily injury; and 3) criminal discharge of a firearm at an occupied building or vehicle was at least as risky as burglary or arson.

Appellate Information

• Decided 07/27/2010
• Published 07/27/2010

Judges

• Paul J. Kelly

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gregory J. Fouratt, David L. Plotsky