How gun influencers think of the proles

This is precisely why I have no faith in a YouTube gun influencer becoming a Congressman.

 

He made his fame and fortune with gun porn, getting people to watch videos of him shooting guns they could only dream of (the very essence of porn).

When the opportunity came to have a big shoot at a public range, he decided with his YouTube gun influencer friends, that you non-famous people were just too dangerous to be allowed at the range.

What happened to Chris Kyle was a tragedy but also unbelievably rare.

Knob Creek let people fire off belt feds and artillery, and nobody got shot.

I’ve been at matches open to the public where famous competitive shooting celebrities were there and they were cool.

Jerry Miculek is the nicest guy you’ll ever meet.

But Donut and Herrera are special.

They won’t deign to share a range with the hoi polloi.

Maybe he will be a good pro-gun politician.

But right now he still reeks of “I’m special because I’m rich and famous and you’re not” and we already have way the fuck too much of that in DC already.

 

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Dayonta McClinton v. United States

B.L.U.F. A follow on to the Hoover case regarding sentencing.


Yesterday, in Policies are not laws, we discussed how sentencing guidelines work. A short recap:

The courts use a rubric to decide the range of sentences that should be imposed. One axis is the “level” of the crime, the other is the category of criminal. Before sentencing, the court gathers all the information required to use the table. This is done by the Bureau of Prisons using local community resources.

Once the PSR is completed, the prosecutor reviews it, makes changes where required, presents it to the defense. At a hearing, the parties argue over the PSR, and then it is in the Judge’s hands.

The prosecutor will recommend a sentence based on the guidelines. The judge gives the final sentence.

The facts in this case are that Dayonta McClinton and his friend robbed a pharmacy. Afterward, the two got into a dispute and McClinton’s friend was shot and killed.

McClinton was arrested and charged with robbery and murder.

The base level for First Degree Murder is 43 points, which is for premeditated. It looks like the shooting was Second Degree Murder at 38 points.

McClinton was found not guilty of murder in a jury trial. The prosecution was not happy with this.

McClinton was found guilty of robbery. I am going to assume armed robbery. The base level for robbery is 20 with a modifier of 6 for a total of 26 points.

At 26 points, he is up for 63 through 150 months, depending on Criminal History Category. The category is based on how often he has been incarcerated and for how long. There are also modifiers for doing crime while being on probation.

My Google foo is not up to finding criminal histories. My guess is that he is a Category III with 3 to 6 points.

In our table, that gives a sentencing of 78–97 months, or 6.5 to 8 years.

That seems like a reasonable punishment for armed robbery, if the criminal did not achieve room temperature during the act.

Unfortunately for McClinton, that isn’t what happened.

Even though McClinton had been acquitted of murder, the prosecutor used the accusation/charge of murder to modify the location on the sentencing table. This could have been adjustments for the Armed Robbery, or it could be adjustments in the Criminal Category.

If McClinton is bumped up just one category, his sentencing range goes from 78–97 to 92–115. That is a maximum duration of 9 2/3 years, up from 8 years.

But let’s say that the prosecutor added 3 points to the level and bumped him that one category. That takes us to 121–151 months, 10 to 12 1/2 years.

All because he is being sentenced based on a crime he was found not guilty of committing.

The supreme court denied certiorari on the case. Some justices feel that the use of an acquitted charge is wrong. Others feel that the issue isn’t ripe because the sentencing guidelines are being reworked. And Alito took issue with what he felt was Sotomayer advocating for the sentencing committee to make the changes she wants.

Order List (06/30/2023) (May 2023), https://www.supremecourt.gov/orders/courtorders/063023zor_b07d.pdf
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That’s my boy!

We watched The Blues Brothers for family movie night.

My son was confused about Illinois Nazis and the line “those bums won their court case.”

My wife explained to him about the Nazis wanting to march in Skokie and this was a reference to that.

He was taken aback by the idea of Nazis marching in America.

I snidely remarked: “That’s why I own a shitload of guns and twice as much ammo.”

He looked right at me and said:

“That’s pretty smart, dad.”

That’s my boy!

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Let’s find out how pro-gun he really is

You know that I hate gun influencers.

Brandon Herrera is running for Congress.

We’re now entering a quantum singularly where Congressmen and Women are becoming internet influencers and internet influencers are becoming Congressmen.

So I posed this question to him.

 

Personally, don’t have high hopes.

In my experience, the guys who invest lots of money into NFA items talk a big game until they realize they might lose value on their investments.

Maybe he’ll answer me, maybe he won’t.

But if he’s really a politician, you know he’ll fuck over the gun community before doing anything that depreciates the value of his NFA collection.

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Dear Shannon: You poor deluded broad.

 

Moms Demand was founded in December 2012, since then and till today, according to the FBI 300,664,553 NICS Firearm Background Checks have been performed.

This blog in particular has been up and running longer than your multi-million dollar, Bloomberg-funded astroturf group and I know I did it with a loss for long time. I know many other blogs and influencers that did it the same way and are still alive and kicking your ass.

We have done more for real Gun Safety than you and your Xanax and Wine frustrated hausfraus.

You and yours have thrown all kinds of lies, innuendos and propaganda with the full support of a complacent Media, yet we haven’t wavered.

Nor we will.

No get off the podium and go get another dose of Botox. Do lose the cheek implants, you look like hell.

 

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Policies are not laws

You guys don’t make it easy. The rabbit hole nearly ate me alive. At issue is how people are sentenced after they are convicted of one or more crimes. This is about U.S. v. Matthew Raymond Hoover yet touches on a cert denial at the supreme court just a few weeks ago.

We read about the number of criminals that are being set free on a catch and release basis. This is happening in the prosecutor’s office. The prosecutor looks at the person being charged and decides on what charges to bring. PoC in blue city, low charges, white cis, higher charges. The prosecutor looks at what the cops say they are charging the person with. He then decides what the actual charges will be.

Example, a white female, 85 years of age, no criminal history, walking in the people’s house taking pictures. Charged by the special investigator with unlawful entry and interfering with an official proceeding. The prosecutor, looking at the totality of the person, the person’s history, the charges brought to them by the special investigator, decides to charge her with all of the above as well as incitement. He tells the court that she is a flight risk.

Counter example, a black male, 19 years of age, two felony convictions, a long history of gang involvement, multiple charges of violence against person. The cops picked him up for stabbing a pregnant white woman, at the scene, with the bloody knife in his pocket. He has previously attempted to evade arrest when warrants were issued. Including out of state flight. The prosecutor charges him with illegal possession of a weapon recommends that he be released with no bail.

This is “prosecutorial discretion”. It means that when the suspect gets to court, the court will try him for illegal possession of a weapon. That’s it. The attempted murder will never be heard by the court.

This is not what this article is about.

This article is about what happens after the suspect is found guilty.

Read More

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It was an Object Lesson for ALL Americans.

Once again, let’s say it and get out of the way: Craig Robertson broke the law when he issued threats against POTUS. It carries a sentence of five years and/or fined for the offense.

 

 

Now, was the full tactical raid warranted? Let’s see what we have: an obese 75-year-old man who people say need to walk with a cane was at home, under surveillance and well away from POTUS in both time and distance. Same as with Waco, they could have arrested him easily anytime he stepped outside days before the fateful day, but they rather do a full kinetic entrance with flash bangs and the whole guns blazing like he was Jason Bourne incarnated.

“But Miguel! He was armed when they got in!” No shit, Sherlock. Are you going to believe that somebody busting through your door at dawn are just people with no evil intentions? Somebody yells “Federal Agents! Search Warrant!” and you blindly assume it is truly Law Enforcement because criminals don’t lie about things like that?  No, you assume the worse and go to guns, Castle Doctrine and all that. And I hate to think this way and I hope I am wrong, but I suspect that the Feds were actually betting on that particular response to have the guy shot and eventually killed. Legally.

The lesson? If you Dear Citizen dare to oppose this Administration, bad things may happen to you. It will be very public, and we will legally get away with it.

Prepare accordingly.

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