United States v. Ghiassi, No. 12-3596 (7th Cir. 2013)
Annotate this CaseATF agent Foreman investigated Wiseman’s purchase of eight handguns at Indiana outdoor‐gear retail stores. Wiseman told Foreman that she purchased the guns for Ghiassi, who was prohibited from possessing firearms because he had prior felony convictions for stalking and taking another person’s vehicle without consent; he was also the subject of a protective order. Wiseman stated that Ghiassi wanted to sell an AK‐47 assault rifle. Foreman arranged an undercover purchase, using Wiseman as an intermediary. After Ghiassi turned the weapon over to Foreman, a search of Ghiassi’s vehicle produced multiple weapons that had been purchased by Wiseman. Ghiassi admitted that Wiseman had illegally purchased weapons for him, but did not acknowledge any particular number of weapons. Foreman also reviewed surveillance footage in which Ghiassi could be seen at the firearms counter looking over guns with Wiseman. Ghiassi pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The district court imposed a sentence of 70 months. The Seventh Circuit affirmed, rejecting arguments that the court erred in finding Ghiassi responsible for eight or more firearms and deprived him of due process by relying, in substantial part, on his co‐defendant’s testimony at her sentencing to make that finding.
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