Court Failed to Make Findings That Firearm Used In Homicide Was One Listed in Indictment

US v. Revels: Revels was convicted of being a felon in possession of a firearm following an altercation in which she shot and killed a man (for which he was convicted in state court for manslaughter). The indictment charged him with possession of two shotguns, although it appeared he used a pistol in the actual shooting. The district court imposed a cross reference based on the conclusion that Revels used or possessed a firearm “cited in the offense of conviction in connection with the commission of another offense.” It imposed the statutory maximum sentence of 120 months in prison.

On appeal (for the second time) the Fourth Circuit vacated Revels’ sentence, concluding that the district court had not made sufficient findings to impose the cross reference. Specifically, it failed to link the pistol used in the homicide to the firearms (i.e., shotguns) listed in the indictment. The record did not make the matter “so obvious” as to permit the Fourth Circuit to fill the gaps and resolve the issue itself.