Criminal Law: Felon in Possession of Firearm-Crime Involving Death-Upward Variance

Defendant appealed his sentence for being a felon in possession of a firearm. Defendant’s conviction arose from his leaving a loaded gun in his apartment, which was discovered by unattended children. One of the children accidentally fired the gun and killed a six-year-old. The district court varied upward from the Guidelines range since defendant’s crime involved the death of a young child.

Where the court had previously affirmed larger upward variances for crimes involving conduct that endangered children, the district court did not impose a substantively unreasonable sentence.

Judgment is affirmed.

U.S. v. Jones (MLW No. 79591/Case No. 22-1654 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Minnesota, Magnuson, J.