United States Seventh Circuit

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US v. Kilgore, 09-1277

District court's conviction and imposition of a 92 months' sentence on a defendant for possession of a firearm by a convicted felon is affirmed where: 1) the district court was correct in finding that defendant could not avail himself of a justification defense, given the uncontested facts that he had possession of a loaded weapon for over an hour, failed to exhaust all legal avenues open to him and carried the gun outside the apartment; and 2) the within-Guidelines sentence imposed by the court was reasonable.

Appellate Information

  • Decided 01/08/2010
  • Published 01/08/2010


  • CUDAHY, Circuit Judge., Before CUDAHY, WOOD, and SYKES, Circuit Judges.


  • United States Seventh Circuit


  • For Appellees:
  • Rita M. Rumbelow, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Ronald G. Benavides, Madison, WI, for Defendant-Appellant.