United States v. Christopher Humphries

Christopher Russell Humphries was arrested for pointing a handgun at a man with whom he had been arguing and then firing it next to the man’s head. Hum-phries pled guilty under 18 U.S.C. section 922(g) to possessing a firearm despite having been convicted of a felony. Humphries argues he was improperly sentenced pursuant to Sentencing Guidelines section 2K2.1(c)(2) rather than 2K2.1(a)(2).

Under the version of the Guidelines in effect in May 1991 when Humphries was sentenced,, see 18 U.S.C. § 3553(a)(4), section 2K2.1(a)(2) provided a base offense level of 12 for defendants convicted under 18…