United States v. Montgomery

O’BRIEN, Circuit Judge.

Robert William Montgomery was charged in a one-count indictment with possession of three firearms and ammunition by a convicted felon in violation of 18 U.S.C. § 922(g)(1). The charges arose from an investigation into his wife’s suicide. Montgomery pled guilty to the charge. The revised presentence report (PSR) calculated the total offense level as 19 1 and Montgomery’s criminal history category as IV, resulting in a guideline range of 46 to 57 months. The United States moved for a four level upward departure under USSG § 5K2.1 because the death of Montgomery’s wife…