Background
Travis Lee Morgan was convicted of possessing a firearm while a felon following an incident where he shot at his ex-girlfriend’s car during a domestic dispute. The firearm belonged to the ex-girlfriend and contained a large capacity magazine, a fact unknown to Morgan. The district court imposed a one hundred ten month sentence within the Guidelines range, rejecting Morgan’s argument for a downward variance based on his lack of knowledge regarding the magazine.
The court’s reasoning
The court reviewed the sentence for procedural and substantive reasonableness. It noted that the Sentencing Guidelines enhancement for a large capacity magazine under Section two thousand two hundred twenty-one does not require proof of the defendant’s knowledge or intent regarding the magazine’s capacity. The district court properly calculated the Guidelines range and considered the Section three thousand five hundred fifty-three factors, including the dangerousness of Morgan’s actions. The appellate court found that the district court’s decision to prioritize the dangerous nature of the conduct over Morgan’s lack of ownership or knowledge was within its discretion.
I appreciate [Morgan’s counsel’s] arguments and the defendant’s statements about, you know, his intent, but there is what you say, there is what you intend, and then there is what you do, and at some point, what you do is what matters the most.
J.A. 74
What it means going forward
This decision reinforces that sentencing enhancements for firearm characteristics apply based on the objective nature of the weapon possessed, not the defendant’s subjective knowledge of those characteristics.
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