Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes. (a) If the defendant, whether or not convicted of another crime, was convicted of violating section 844 (h) of title 18, United States Code, the guideline sentence is the term of imprisonment required by statute.

Amendment: Section 2K2.4 is amended by redesignating subsection (b) as subsection (d); and by striking subsection (a) as follows: " (a) If the defendant, whether or not convicted of another crime, was convicted of violating: (1) Section 844 (h) of title 18, United States Code, the guideline sentence is the term of imprisonment required by statute.

2024年5月3日 · Part A—Section 2K2.1(b)(4)(B) Enhancement. Part A of the amendment resolves the differences in how the circuits interpret the term “altered” in the 4-level enhancement at § 2K2.1(b)(4)(B), which applies when the serial number of a …

Reason for Amendment: This amendment revises §2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes) to (1) clarify how the minimum, consecutive terms of imprisonment mandated by the statutes indexed to this guideline should be treated for purposes of guideline application; and (2) specify ...

Reason for Amendment: This amendment expands the commentary in Application Note 2 of §2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes) to clarify under what circumstances defendants sentenced for violations of 18 U.S.C. § 924(c) in conjunction with convictions for other offenses may ...

Generally, if a sentence under this guideline (§2K2.4) is imposed in conjunction with a sentence for an underlying offense you do not apply any specific offense characteristic for possession, brandishing, use, or discharge of an explosive or firearm when determining the sentence for the underlying offense or a related offense such as felon

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2013年8月29日 · The applicable guideline is USSG § 2K2.1. Unlawful drug users or addicts and other prohibited persons are also barred from possessing a firearm or ammunition, subject to the same punishment. Given the 10-year statutory maximum and the 10-years-served requirement for clemency, you are

2024年4月30日 · A Application Note 4 of § 2K2.4 provides: If a sentence under this guideline is imposed in conjunction with a sentence for an underlying offense, do not apply any specific offense characteristic for possession, brandishing, use, or discharge of an explosive or firearm when determining the sentence for the underlying offense.

2024年6月21日 · • Part B of the Circuit Conflicts Amendment (Grouping: §2K2.4, application note 4) (sec. IV, pp. 15–17); and • Part D of the Miscellaneous Amendment (§2D1.1(a)(1)–(4) enhanced