DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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032499P.pdf 03/16/2004 USA v. John Davis
U.S. Court of Appeals Case No: 03-2499
Western District of Missouri
Criminal case - Sentencing Guidelines. Nothing in Guidelines Section
2K2.1(b)(5) expressly precludes its application to a felony offense that
occurred at a time and place distinct from the offense of conviction, so
the section could be applied when defendant participated in a armed
carjacking 10 days before the underlying offense - felon in possession -
occurred; the armed carjacking constituted another felony offense within
the meaning of the Guidelines section, and defendant's use of a firearm
during the carjacking different from the weapon that formed the basis for
this prosecution does not preclude application of the guideline.
[PUBLISHED] [Wollman, Author]