Co-defendants were found guilty of carjacking with one of the defendants also being convicted of carrying and discharging a firearm during and in relation to a crime of violence. The other defendant received a lesser conviction under the statute for carrying, but not discharging a firearm during and in relation to the carjacking. Both defendants appealed with the first contesting the firearm conviction and the second challenging only his sentence by arguing that the district court incorrectly applied a reckless endangerment enhancement. The Seventh Circuit affirmed the firearm conviction and rejected the argument regarding improper sentencing, but nevertheless vacated the sentence and remanded for re-sentencing due to retroactive amendments to federal sentencing guidelines. (KOLAR, concurring and KIRSCH, specially concurring)
Federal 7th Circuit Court
Criminal Court
Sentencing