District court’s conviction and imposition of a 92 months’ sentence on a defendant for possession of a firearm by a convicted felon is affirmed where: 1) the district court was correct in finding that defendant could not avail himself of a justification defense, given the uncontested facts that he had possession of a loaded weapon for over an hour, failed to exhaust all legal avenues open to him and carried the gun outside the apartment; and 2) the within-Guidelines sentence imposed by the court was reasonable.   

Read US v. Kilgore, No. 09-1277

Appellate Information

Appeal from the United States District Court for the Western District of Wisconsin

Decided January 8, 2010

Judges

Before: Cudahy, Wood and Sykes, Circuit Judges

Opinion by Circuit Judge  Cudahy

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