United States v. Christopher Humphries

Christopher Russell Humphries was arrested for pointing a handgun at a man with whom he had been arguing and then firing it next to the man’s head. Hum-phries pled guilty under 18 U.S.C. section 922 (g) to possessing a firearm despite having been convicted of a felony. Humphries argues he was improperly sentenced pursuant to Sentencing Guidelines section 2K2.1(c)(2) rather than 2K2.1(a)(2).

Under the version of the Guidelines in effect in May 1991 when Humphries was sentenced,, see 18 U.S.C. § 3553 (a)(4), section 2K2.1(a)(2) provided a base offense level of 12 for defendants convicted under 18 U.S.C. section 922 (g). Because Hum-phries’ criminal history category was V, a base offense level of 12 minus two levels for acceptance of responsibility would have resulted in a sentencing range of 21-27 months. See U.S.S.G. Ch. 5, Pt. A.

Section 2K2.1(c)(2) provided: “If the defendant used or possessed the firearm in connection with commission or attempted commission of another offense, . apply § 2X1.1 ... in respect to that other offense, if the resulting offense level is greater than that determined above.” The district court found Humphries had used the firearm in connection with an…