Background
Ian John Duffy pled guilty to counts involving possession of a firearm by a prohibited person and possession of an unregistered destructive device. Police seized firearms from his vehicle after he admitted to having them while subject to a domestic violence order. Later, his girlfriend purchased two handguns at his direction, and he admitted to handling them despite knowing he was prohibited from possessing firearms.
The court’s reasoning
The Eighth Circuit reviewed the district court’s application of the Sentencing Guidelines de novo. The court found that the district court did not clearly err in determining that Duffy induced his girlfriend to purchase two firearms or that the pair conspired to do so. The court noted that the Guidelines provision focuses on the defendant’s receipt of firearms rather than the intended owner’s state of mind.
What it means going forward
The decision reinforces the application of sentencing enhancements for defendants who use intermediaries to acquire firearms they are legally barred from possessing.