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United States v. Kilgore

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ARGUED SEPTEMBER 16, 2009

Before CUDAHY, WOOD, and SYKES, Circuit Judges.

In 2008, Marcus Kilgore pleaded guilty to a one-count indictment of unlawfully possessing a firearm and ammunition as a convicted felon. See 18 U.S.C. § 922(g)(1). Before the presentence investigation report was filed, Kilgore moved to withdraw his guilty plea, claiming that his possession of the loaded firearm was legally justified. The district court denied his motion and subsequently sentenced him to 92 months in prison, which was at the bottom of the relevant Advisory Guidelines range. On appeal, Kilgore contends that the district court erred in finding that he could not present a justification defense had he gone to trial. He also contends that the district court abused its discretion in denying his request for a downward variance under 18 U.S.C. § 3553(a). Because the undisputed facts preclude the applicability of a justification defense, and because the sentence imposed by the district court was reasonable, we affirm.

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