225 F.3d 660 (6th Cir. 2000), 98-6776, U.S. v. Ray

Docket Nº:98-6776.
Citation:225 F.3d 660
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Dale Keith RAY, Defendant-Appellant.
Case Date:July 21, 2000
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 660

225 F.3d 660 (6th Cir. 2000)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

Dale Keith RAY, Defendant-Appellant.

No. 98-6776.

United States Court of Appeals, Sixth Circuit

July 21, 2000

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court for the Eastern District of Tennessee.

Before NORRIS and GILMAN, Circuit Judges; HOOD, District Judge. [*]

OPINION

PER CURIAM.

Defendant Dale Keith Ray appeals his sentence enhancement for using or possessing a firearm in connection with another felony offense pursuant to U.S.S.G. § 2K2.1(b)(5). We affirm the judgment of the district court.

I.

Defendant entered a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). His indictment resulted from events surrounding an argument between defendant and his wife. Chief Deputy Dale Elliott, an officer called to the scene, testified that defendant's mother, father, wife, and sister essentially told the same story: that defendant and his wife had an altercation, that he picked up a gun and threatened to shoot each and every family member at some point during the altercation, and that defendant struck each of them. Defendant's wife stated that he held the gun to his head and pointed it at everyone. The written statements from his father and sister both indicated that defendant threatened family members with the gun, but did not indicate that he ever pointed the gun at his head. Defendant's mother indicated that he pulled out a gun; later in her statement she said he was threatening to kill himself. The order of events is unclear in the statements of the wife and mother.

The district court added four levels to defendant's base offense level for using and possessing a firearm in connection with another felony offense, the assault on his family. See U.S. SENTENCING GUIDELINES MANUAL § 2K2.1(b)(5) (1998). The court found that defendant did not put the gun to his head until the altercation with his family had already begun, and that therefore the altercation did not result from his putting the gun to his head. While the court gave defendant the benefit of the doubt and noted that there was some evidence that...

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