![]() ![]() § 2K2.1(c) is entitled "Cross Reference" and provides: Part K, "Offenses Involving Public Safety", includes § 2, "Firearms". The district court denied his motion for downward departure and enhanced his sentence under § 2K2.1(c)(1). He went on trial Novemand on November 22 was found guilty of all charges. The district court ordered competency examinations of him, and he was found competent to stand trial. He filed a notice of intention to rely on an insanity defense. Three days afterwards Gallant was arrested and admitted to a detective his part in the planning for the escape and in the shooting. Gallant and Carrafa fled in Gallant's car.Ĭarrafa was captured two days later with Fonbuena's gun in his possession. He eventually used a tire iron to pry open the door permitting Carrafa to wiggle out. Gallant then took a gun from Fonbuena and moved to the back of the van where he attempted to shoot out the lock, using up all the bullets in his gun. ![]() He attempted to dive behind the van and Gallant shot him in the face, disabling but not killing him. He was confronted by Gallant holding a gun and ordered not to move. Fonbuena then returned Carrafa to the van and locked him in. Carrying out his agreement with Carrafa, Gallant disabled the van by puncturing its right front tire. Carrafa was delivered in a sheriff's van driven by Steven Fonbuena of the Sacramento County Sheriff's Department and went to his appointment. On Gallant went to the parking lot of the Glenn Dairy Building, 1700 Alhambra Boulevard, Sacramento, where he knew that Victor Carrafa, a federal prisoner, would be brought for an eye examination. He appeals the application of the United States Sentencing Guidelines § 2K2.1(c)(1), which resulted in enhancement of his sentence, and he appeals the denial of downward departure for the acceptance of responsibility. He was sentenced to 30 years and 5 months in prison. § 2 and § 751(a) and of being a felon in possession of a firearm in violation of 18 U.S.C. § 371 and 751(a) of aiding and abetting the escape in violation of 18 U.S.C. Gerard Gallant was convicted of conspiracy to effect a prisoner's escape in violation of 18 U.S.C. ![]()
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