United States Ninth Circuit

In order to prove that a defendant had "knowledge, intent, or reason to believe" that he would, at some time in the future, commit "another felony offense" for purposes of the sentencing enhancement under U.S.S.G. section 2K2.1(b)(5), while a defendant need not actually commit the crime, the government must produce sufficient evidence that he intended to use or possess firearms "in connection with" a specifically contemplated felony.

Appellate Information

• Argued 04/12/2007
• Decided 07/16/2007
• Published 07/16/2007

Judges

• KOZINSKI, Circuit Judge:, Before:  ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges, and ANDREW J. GUILFORD, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David A. Merchant, Assistant Federal Defender, and Anthony R. Gallagher, Chief Federal Defender, Billings, MT, for the defendant-appellant., Eric B. Wolff, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.