Duncan had been charged with Second Degree Murder and Use of a Firearm During a Crime of Violence. After midnight on April 8, 2011, Duncan was at his residence with the victim, who was a friend of Duncan’s. Duncan was in possession of a .40 caliber pistol at the time and was intoxicated when he shot the victim one time in the chest. Duncan claimed there was a struggle and the gun went off. During the early morning hours of April 8, 2011, Duncan buried the victim and the victim was not discovered until several days after the shooting.
A conviction for Second Degree Murder carries a maximum penalty of life, a $250,000.00 fine or both. In determining an actual sentence, Judge Paul G. Rosenblatt will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
Sentencing is set before Judge Paul G. Rosenblatt on February 8, 2012.
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