181594P.pdf   05/23/2019  United States  v.  Joe Edger
   U.S. Court of Appeals Case No:  18-1594
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Erickson, 
   Circuit Judge] 
   Criminal case - Sentencing. Where defendant gave a firearm to another man 
   with an understanding the man intended to use the firearm in drug 
   trafficking activity and to retaliate against a woman who had stolen 
   property from the man and the man subsequently used the firearm to murder 
   the woman, the district court did not err in applying a cross-reference 
   under Guidelines Sec. 2K2.1(c)(1)(B) to Guidelines Sec. 2A1.1, the first 
   degree murder guideline; for purposes of 2K2.1(c)(1)(B), the firearm was 
   cited in the offense of conviction; under the circumstances presented, the 
   district court did not plainly err by declining to declare sua sponte that 
   the government had breached the plea agreement by refusing to move for a 
   downward departure.