United States Fourth Circuit

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US v. Ashford, 12-4477

Following a guilty plea to illegal possession of a firearm as a convicted felon, the district court's application of a "cross reference" under section 2K2.1(c) of the United States Sentencing Guidelines (USSG) and substitution of the offense level for attempted second-degree murder because defendant had used the firearm on the day of his arrest to shoot another person, is affirmed, where: 1) because defendant's substituted offense of attempted second-degree murder clearly occurred "during the commission" of the offense of conviction, the district court properly imposed a cross reference pursuant to USSG section 1B1.3(a)(1); and 2) based on the facts here, the district court did not clearly err in imposing a cross reference to attempted second-degree murder.

Appellate Information

  • Decided 06/20/2013
  • Published 06/20/2013

Judges

  • DIAZ

Court

  • United States Fourth Circuit

Counsel