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Kruger reportedly was using both cocaine and methamphetamine to deal with his mental difficulties, and his behavior had become increasingly violent. As we have previously acknowledged, the language of the relevant guidelines and the accompanying commentary provides no clear guidance on what will distinguish mere brandishing of a weapon from other use, short of actual discharge of the weapon, that will qualify for the enhancement. But as we pointed out at argument, it is inappropriate to isolate the kidnapping phase of the encounter between Kruger and the Reidls from the broader res gestae. It was against that backdrop that Walter suggested he go with Kruger to Bloomington—he wanted Kruger to leave his wife behind in safety.
We find no plain error in the enhancement for use of a firearm, and because any potential error in the calculation of his criminal history did not affect his advisory Guidelines sentencing range, we do not reach that issue. He began drinking at age 8 and smoking marijuana and crack cocaine at age 15. He has a lengthy criminal history dating back to age 17 that includes multiple prior felony convictions.
When Dale pushed the gun away, the two struggled and Kruger grabbed his uncle's neck and began to choke him, repeating the threat to kill him. As any such error did not affect the advisory sentencing range, there is no likelihood that he would have received a different sentence absent the error. The definition concludes with the observation that “although the dangerous weapon does not have to be directly visible, the weapon must be present.” § 1B1.1, comment. In his written challenges to the pre-sentence report, Kruger did offer a “clarification,” noting that the basis for the additional two history points emanated from relevant conduct rather than from the conduct charged in Count II itself. “[T]he Guidelines are to be the sentencing court's ‘starting point and ․ initial benchmark.’ ” Molina-Martinez, supra, 136 S.
Telling Dale that he needed money, Kruger demanded that he open a safe in the basement. 2016); and (3) that the error affects his substantial rights, in the sense that it made a difference to the outcome (in this case, his sentence), Olano, 507 U.
Kruger drove to a farm in rural Cassville, Wisconsin, owned by Walter and Linda Reidl.
Linda saw the car arrive on the property and pull into or behind a shed.
Kruger took Walter on a meandering two-hour journey to Dodgeville, Wisconsin, never stopping in Bloomington.