USA Vjimison

Facts

Jesse Jimison beat up his girlfriend and then fled in her car. He then became ill from drugs he had taken, stumbled into an unlocked ranch house and passed out. When he woke up, he grabbed up a couple of guns, gun accessories and clothes and continued his flight. He ended up at the house of Bill Hecker, an acquaintance. Jimison was crying and told Hecker that he had been on the run from the police and thought that he had just killed his girlfriend. Jimison then continued to act errati- cally. He told Hecker “something about he was going to go Rambo,” and called the owner of the ranch house, apologizing for taking his guns and promised to return them. He then locked the stolen guns in the trunk of his girlfriend’s car and departed in a friend’s car, leaving the guns safely behind.

Jimison pled guilty to felony possession of firearms. The district court enhanced his sentence under section 2K2.1(b)(5), finding that Jimison possessed the stolen guns “with the intent of fighting it out with law enforcement if he were caught.” Jimison now appeals.

Analysis

[1] A defendant is subject to a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(5), if he “possessed 1 In the…