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United States v. Kirkpatrick

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ARGUED NOVEMBER 17, 2009

Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

After William Kirkpatrick was arrested for possessing a gun-something his felony convictions made unlawful, see 18 U.S.C. §922(g)(1)-he confessed to committing four drug-related murders. He also told a cellmate that he had arranged a contract hit on the federal agent who was conducting the investigation. After investing more than 200 hours in investigations, agents concluded that Kirkpatrick had neither killed anyone nor arranged for the agent’s death. Kirkpatrick pleaded guilty to the felon-in-possession charge. The Sentencing Guidelines recommended a range of 37 to 46 months. The judge gave him more-sensibly so. Lying to a federal agent is a crime, see 18 U.S.C. §1001, and so is threatening the life of a federal agent, see 18 U.S.C. §115(a)(1)(B). Enhancements on account of an offender’s additional crimes are normal and proper. See United States v. Watts, 519 U.S. 148 (1997).

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