United States v. Mims
Split Score
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Case Summary
Disposition
Affirmed
The Tenth Circuit held that the § 2K2.1(b)(7)(B) sentencing enhancement properly applied where the defendant stole a firearm during the very burglary identified as “another felony offense.” The court reasoned that a firearm obtained through a burglary still has the potential to facilitate that same burglary, and therefore the district court correctly enhanced the sentence; the judgment was affirmed.
Circuit Split Identified
Legal Issue
Whether the § 2K2.1(b)(7)(B) (formerly § 2K2.1(b)(6)(B)) enhancement applies when the defendant possesses a firearm obtained during the same felony (e.g., burglary) without any separate, subsequent felony conduct.
Circuit Positions
Enhancement applies even when the firearm is obtained during and could facilitate the same burglary or underlying felony; no separate felony required.
Enhancement applies only when the firearm is used or possessed in connection with a distinct felony that is separated in time or conduct from the felony through which the gun was obtained.
Conflict Summary
The Third, Sixth, and Seventh Circuits have required a temporally or conduct-separate second felony before applying the enhancement, whereas the Fourth, Fifth, Eighth, Tenth, and Eleventh Circuits hold that a firearm taken during a burglary (or similar felony) can itself facilitate that same felony, so no additional felony is necessary.