In U.S. v. Caldwell, No. 05-12640 (Dec. 5, 2005), the Court affirmed a conviction and sentence imposed on a defendant convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g).
The defendant claimed that he had found his brother’s firearm, which the brother used for sporting purposes, and had pawned it because he was aware that it was unlawful for him to possess it. The pawning was meant to dispossess the defendant of the fireaerm.
The Court rejected this challenge to the defendant’s conviction, pointing out that his defense fell short of what was required to establish a "necessity" defense.
The Court also rejected the defendant’s claim that he was entitled to a lower sentence under USSG § 2K2.1 because he possessed the firearm "solely for sporting purposes." The Court pointed out that it was the defendant’s brother who possessed the firearm for sporting purposes, not the defendant himself, who possessed the firearm to pawn it. The Court acknowledged cases in other circuits which had construed the Guideline more liberally, but the Court gave it a narrow application and found that Caldwell was not eligible for the lower sentence. The Court noted that the district court had found Caldwell’s reason for possessing the firearm unconvincing, pointing out that Caldwell never gave the pawn ticket to his brother, or the money he received from the pawn shop.
